Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 367

    (1)     If, under a provision of this Act or the Criminal Code

, a court may order the forfeiture of an article, the court shall—

        (a)     if the court is of the view that it is desirable to make further inquiries with respect to the article—order that notice of the proposed forfeiture be given to the persons that the court directs; or

        (b)     in any other case—order that the article be forfeited to the Territory.

    (2)     After hearing such of the persons to whom notice under subsection (1) was given as appear, the court shall—

        (a)     if it is satisfied that the article should be forfeited—order that the article be forfeited to the Territory; or

        (b)     in any other case—order that the article be delivered to the person that the court is satisfied is entitled to the article.

    (3)     If a prosecution is pending in relation to an article, the court shall not make an order under subsection (2) in relation to the article until the prosecution is determined.

    (4)     All articles forfeited under subsection (2) shall be dealt with as directed by the Attorney-General, and pending his or her direction, may be detained in the custody that the court directs.