(1) If:
(a) the ACMA has taken possession of equipment under subsection 180(1); and
(b) at least 90 days have passed since the ACMA gave the owner a receipt under paragraph 180(1)(b) for the equipment;
the ACMA may declare, in writing, that the equipment is forfeited to the Commonwealth.
(2) The ACMA must give a copy of the declaration to the owner of the equipment.
Deemed forfeiture
(3) If:
(a) the owner of equipment agrees, in accordance with section 179, to forfeit the equipment to the Commonwealth; and
(b) the ACMA has taken possession of the equipment under subsection 180(1); and
(c) 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 180(1)(b) for the equipment, made a declaration under subsection (1) of this section that the equipment is forfeited to the Commonwealth;
then, at the end of the 120 - day period, the equipment is forfeited to the Commonwealth.