An emissions-controlled product is forfeited when a provision of Part 3 (relating to the import, supply or marking of the product) is contravened in relation to the product.

An emissions-controlled product may also be forfeited when it has been seized as part of an investigation and an inspector reasonably suspects a provision in Part 3 has been contravened. A court may order the return of a product so seized, or that compensation be paid.