Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 157

Scope

  (1)   This section applies if:

  (a)   regulated tobacco items (the seized items ) are seized under Part   3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection   156(1); and

  (b)   the seized items do not comply with a tobacco product requirement.

Forfeiture notices

  (2)   An authorised officer may, within 14 days after seizure of the seized items, give a written notice (a forfeiture notice ) to:

  (a)   the owner of the items; or

  (b)   if the owner of the items cannot be identified after reasonable inquiry--the person from whom the items were seized.

  (3)   Subsection   (2) does not apply if:

  (a)   the owner of the seized items cannot be identified after reasonable inquiries; and

  (b)   the items were not seized from a person.

  (4)   The forfeiture notice must:

  (a)   identify the seized items; and

  (b)   state the date on which the items were seized; and

  (c)   state the tobacco product requirement or requirements with which the items do not comply; and

  (d)   state that the owner may agree to the forfeiture of the items; and

  (e)   explain the procedure for the possible return of the items in subsections   (5) to (7); and

  (f)   state that, unless the items are returned to the owner by order of a magistrate under subsection   (7), they are forfeited to the Commonwealth by operation of subsection   (8).

Owner may apply to magistrate for return of seized items

  (5)   The owner may apply to a magistrate for an order that the seized items are to be returned to the owner.

  (6)   The application must be made:

  (a)   within 30 days after the forfeiture notice was given; or

  (b)   if no forfeiture notice was given because of subsection   (3)--within 30 days after seizure of the seized items.

  (7)   If the magistrate is satisfied that the seized items do not contravene any tobacco product requirement, the magistrate must order that the items are to be returned to the owner. Otherwise, the magistrate must refuse to make the order.

Forfeiture of seized items to the Commonwealth

  (8)   The seized items are forfeited to the Commonwealth if:

  (a)   the owner of the seized items agrees to their forfeiture; or

  (b)   no application is made to a magistrate under subsection   (5) within the required time period; or

  (c)   an application made to a magistrate under subsection   (5) is refused.

  (9)   The Secretary may retain, destroy, dispose of or otherwise deal with forfeited seized items as the Secretary sees fit.