Tobacco Act 1987

If an inspector, a licensing inspector or a police officer believes on reasonable grounds that a thing the inspector, licensing inspector or police officer has seized in the exercise of a power under this Act, or under a warrant issued under this Act, is a prohibited product, the inspector, licensing inspector or police officer, with the approval of the appropriate person, may serve a forfeiture notice on the person from whom the thing was seized or the apparent owner of the thing.

The person on whom the forfeiture notice is served may apply to the Magistrates' Court, within 30 days after service of the notice, for an order requiring the thing to be returned to the person.

On an application under subsection (2), the Magistrates' Court—

if satisfied that the thing is not a prohibited product, must order that the thing be returned to the applicant; or

if not so satisfied, must refuse the application and order that the thing be forfeited to the State and given to the appropriate person.

The applicant must present or point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed, would establish that the thing is not a prohibited product.

If the applicant does so, the inspector, licensing inspector or police officer bears the burden of satisfying the court that the thing is a prohibited product.

If the person on whom the forfeiture notice is served fails to make an application under subsection (2), the thing is forfeited to the State, and at the end of the 30 day period must be given to the appropriate person.

If a thing is forfeited under this section—

it must be destroyed or otherwise disposed of or dealt with by the appropriate person; and

the person on whom the forfeiture notice was served is liable to pay the costs and expenses incurred in so doing.

In this section—

in relation to a thing seized by an inspector who is an environmental health officer of a Council or a person employed by, or providing services to, a Council, the Chief Executive Officer of the Council; or

in relation to a thing seized by an inspector appointed under section 36(b) or (d), the Secretary; or

in relation to a thing seized by a licensing inspector, the Regulator; or

in relation to a thing seized by a police officer, the Chief Commissioner of Police;

that a thing specified in the notice is believed to be a prohibited product; and

that the person on whom the notice is served may apply to the Magistrates' Court for an order that the thing be returned to the person; and

the consequences of failing to apply for an order referred to in paragraph (b);

illicit tobacco; or

a product, or a product of a class, that is the subject of a ban order in force under section 15N; or

vaping goods that are not compliant with a requirement imposed by or under the Therapeutic Goods Act 1989 of the Commonwealth; or

vaping goods the possession, supply, manufacture or import of which would contravene the Therapeutic Goods Act 1989 of the Commonwealth.