New South Wales Consolidated Acts

PAWNBROKERS AND SECOND-HAND DEALERS ACT 1996 - SECT 41

41 Forfeiture of goods dealt with by unlicensed persons

(1) A court by which a person is convicted of an offence under section 6 or 7 may, in addition to any other penalty imposed for the offence, make either or both of the following orders--

(a) an order that any specified goods to which the offence relates be forfeited to the Crown,

(b) an order that the person pay to the Crown an amount assessed by the court to be an amount equal to the proceeds derived by the person from the commission of the offence.

(2) Before making such an order, the court may require notice to be given to, and may hear, such persons as the court thinks fit.

(3) For the purpose of making an order against a person under subsection (1)(b), the court may determine that proceeds derived by the person from the commission of the offence include the value, as assessed by the court, of an interest in real or personal property acquired by the person by the application of such proceeds.

(4) Without affecting any other right of appeal, an order under subsection (1)(a) in relation to any goods is appellable at the suit of any person who has an interest in the goods--

(a) in the case of a person convicted of the offence, in the same manner as if the order were, or were part of, an order imposing a penalty in respect of the offence, or

(b) in any other case, in the same manner as if the person had been convicted of an offence to which this section applies and the order were, or were part of, an order imposing a penalty in respect of the offence.

(5) Without affecting any other right of appeal, an order under subsection (1)(b) is appellable in the same manner as if it were, or were part of, an order imposing a penalty in respect of the offence.

(6) The court to which an appeal is made against an order under subsection (1)(a) may, pending the hearing and determination of the appeal, make such orders as it thinks fit for the custody of the goods the subject of the order.

(7) On appeal, an order under this section may be confirmed, revoked or varied.

(8) An order under subsection (1)(b) may, by leave of the court by which it was made, be enforced, irrespective of the amount ordered to be paid, as if it were a judgment in a civil matter given by that court.