Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 279

  (1)   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; and

  (c)   the notice has not been withdrawn;

then:

  (d)   the ACMA may take possession of the thing; and

  (e)   if the ACMA does so--the ACMA must give the owner a receipt for the thing taken into possession.

  (2)   If:

  (a)   the ACMA withdraws a forfeiture notice relating to a thing; and

  (b)   the owner of the thing has already agreed, in accordance with the notice, to forfeit the thing to the Commonwealth; and

  (c)   the ACMA has taken possession of the thing under subsection   (1);

then:

  (d)   the ACMA must take all reasonable steps to return the thing to the owner; and

  (e)   the agreement ceases to have effect.

  (3)   If:

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

  (b)   the owner of the thing does not have possession of the thing when the notice is given; and

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

  (d)   the owner of the thing takes possession of the thing so as to enable the ACMA to take possession of the thing under subsection   (1); and

  (e)   at the time when the owner takes possession of the thing, the notice had not been withdrawn;

sections   47 and 160 and subsections   175(4) and 176(4) do not apply to the owner's possession of the thing until whichever of the following events happens first:

  (f)   the ACMA takes possession of the thing under subsection   (1);

  (g)   the notice is withdrawn.

  (4)   If:

  (a)   the ACMA has purported to take possession of a thing under subsection   (1); and

  (b)   the ACMA was not entitled to take possession of the thing under that subsection;

the ACMA must take all reasonable steps to return the thing to the owner of the thing.