Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 275

  (1)   A forfeiture notice must:

  (a)   be identified by a unique number; and

  (b)   state the day on which the notice is given; and

  (c)   state the name of the person to whom the notice is given; and

  (d)   state:

  (i)   the name and contact details of the person who gave the notice; and

  (ii)   that the person is a designated forfeiture officer; and

  (e)   give brief details of the alleged contravention or contraventions to which the notice relates, including:

  (i)   the provision or the provisions that were allegedly contravened; and

  (ii)   the maximum penalty that a court could impose for each contravention, if the provision or those provisions were contravened; and

  (iii)   the time (if known) and day of, and the place of, each alleged contravention; and

  (f)   describe the thing to which the notice relates; and

  (g)   state that, if, within 28 days after the day the notice is given, the owner of the thing agrees with the ACMA (on behalf of the Commonwealth) to forfeit the thing to the Commonwealth, then (unless the notice is withdrawn) proceedings seeking a civil penalty order or orders will not be brought in relation to the alleged contravention or contraventions; and

  (h)   state that agreeing to forfeit the thing to the Commonwealth is not an admission of guilt or liability; and

  (i)   state that the person to whom the notice is given may apply to the ACMA to have the period specified in the notice extended; and

  (j)   state that the owner of the thing may choose not to agree to forfeit the thing to the Commonwealth and, if the owner so chooses, proceedings seeking a civil penalty order or orders may be brought in relation to the alleged contravention or contraventions; and

  (k)   set out how the notice can be withdrawn; and

  (l)   state that if the notice is withdrawn, proceedings seeking a civil penalty order or orders may be brought in relation to the alleged contravention or contraventions; and

  (m)   state that the person to whom the notice is given may make written representations to the ACMA seeking the withdrawal of the notice.

  (2)   To avoid doubt, the person to whom a forfeiture notice is given may be the owner of the thing to which the notice relates.

  (3)   If:

  (a)   a forfeiture notice relating to a thing is given to a person; and

  (b)   the owner of the thing agrees, in accordance with the notice, to forfeit the thing to the Commonwealth;

the owner is not entitled to revoke the agreement.