New South Wales Consolidated Acts

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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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