Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 116X

Seizure and forfeiture

  (1)   Where a court convicts a person of an offence against this Part or the by - laws, the court may order the forfeiture to the Commonwealth of any vehicle, aircraft, vessel or article used or otherwise involved in the commission of the offence.

  (2)   A ranger may seize any vehicle, aircraft, vessel or article that he or she believes on reasonable grounds to have been used or otherwise involved in the commission of an offence against this Part or the by - laws and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Part or the by - laws in the commission of which it may have been used or otherwise involved are instituted within that period, until the proceedings are terminated.

  (3)   The Minister may authorize a vehicle, aircraft, vessel or article seized under subsection   ( 2) or anything on, in or attached to such a vehicle, aircraft or vessel to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as he or she thinks fit, including conditions as to the giving of security for payment of its value if it is forfeited.

  (4)   A vehicle, aircraft, vessel or article forfeited under this section may be sold or otherwise disposed of as the Minister thinks fit.


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