Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 280

Forfeiture of a thing to the Commonwealth

  (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  (c)   the notice has not been withdrawn; and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  (e)   the notice has not been withdrawn before the end of the 120 - day period;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.



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