Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 181

Forfeiture of equipment to the Commonwealth

  (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.



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