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BIOSECURITY ACT 2015 - SECT 299
Forfeiture
299 Forfeiture
(1) The court may order forfeiture to the Secretary of any biosecurity matter
or other thing to which the offence relates.
(2) In any such case, the
forfeiture may extend to the whole of the biosecurity matter or other thing or
to any similar things belonging to the offender or in the offender's
possession at the time of committing the offence.
(3) When an order is made
by the court declaring any biosecurity matter or other thing to be forfeited
to the Secretary, the biosecurity matter or other thing is forfeited to the
Secretary and becomes the property of the Secretary.
(4) The Secretary may
deal with the biosecurity matter or other thing in any way the Secretary
considers appropriate.
(5) Without limiting subsection (4), the Secretary may
destroy, sell or dispose of the biosecurity matter or other thing or authorise
its destruction, sale or disposal.
(6) To avoid doubt, a forfeiture order is
not a monetary penalty for the purposes of any provision of this Act that
provides for the maximum monetary penalty that may be imposed by the Local
Court in proceedings for an offence under this Act or the regulations.
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