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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 57

Forfeitable goods

  (1)   For the purposes of this Act, the following are forfeitable goods :

  (a)   scheduled substances in respect of the manufacture of which person has contravened subsection   13(1);

  (b)   scheduled substances in respect of the import of which a person has contravened subsection   13AA(1);

  (c)   scheduled substances in respect of the export of which a person has contravened subsection   13AB(1);

  (d)   equipment that contains a scheduled substance, and the scheduled substance itself, if a person has contravened subsection   13(3), 13AA(3) or 13AB(3) in respect of the manufacture, import or export of the equipment;

  (e)   equipment that uses a scheduled substance in its operation, if a person has contravened subsection   13(5), 13AA(5) or 13AB(5) in respect of the manufacture, import or export of the equipment;

  (f)   a non - refillable container, and any scheduled substance it contains, if a person has contravened the licence condition specified in item   7 of the table in subsection   18(1) in respect of the import of the scheduled substance in the container;

  (g)   prescribed goods in respect of which a person has contravened a prescribed provision of the regulations.

  (1A)   Without limiting subsection   (1), a person is taken to have contravened a provision for the purposes of that subsection if:

  (a)   the person is convicted of an offence against this Act or the regulations for a contravention of the provision; or

  (b)   a civil penalty order is made against the person for a contravention of the provision.

  (2)   For the purposes of this Act, goods are also forfeitable goods if:

  (a)   the goods are a quantity of scheduled substances or equipment; and

  (b)   the goods are mixed with another quantity of scheduled substances or equipment (the other quantity ) of the same kind or a similar kind; and

  (c)   the other quantity is forfeitable goods.



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