(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(c) the notice has not been withdrawn; and
(d) the ACMA has taken possession of the thing under subsection 279(1); and
(e) at least 90 days have passed since the ACMA gave the owner a receipt under paragraph 279(1)(e) for the thing;
the ACMA may declare, in writing, that the thing is forfeited to the Commonwealth.
(2) The ACMA must give a copy of the declaration to the owner of the thing.
Deemed forfeiture
(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; and
(c) the ACMA has taken possession of the thing under subsection 279(1); and
(d) the ACMA has not, within the 120 - day period beginning at the start of the day when the ACMA gave the owner a receipt under paragraph 279(1)(e) for the thing, made a declaration under subsection (1) of this section that the thing is forfeited to the Commonwealth; and
(e) the notice has not been withdrawn before the end of the 120 - day period;
then, at the end of the 120 - day period, the thing is forfeited to the Commonwealth.