New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 41

41 Forfeiture of tobacco on conviction

(1) If a court that convicts a person for an offence under Division 2 finds that any tobacco product seized under this Division was in any person's possession, custody or control in the course of committing, or for the purposes of committing, the offence, the court is to order the tobacco product to be forfeited to the Crown unless the court is of the opinion that exceptional circumstances justify the court not ordering the tobacco product to be forfeited.

(2) The court's order operates to forfeit the tobacco products to the Crown.