Queensland Consolidated Acts

LIQUOR ACT 1992 - SECT 187EB

187EB Forfeiture of seized property to prevent commission of particular offences—commissioner

(1) This section applies if—

(a) the seized property was seized in relation to the contravention of a prescribed provision or section 168B , 168C , 169 or 171 ; and

(b) the commissioner is satisfied it is necessary to retain the property to prevent it being used in the commission of another contravention of a prescribed provision or section 168B , 168C , 169 or 171 .

(2) However, this section does not apply if the property is forfeited under section 187EA .

(3) The commissioner may, under this section, order the forfeiture of the property to the State.

(4) The commissioner may make the order only if the commissioner gives written notice to—

(a) the person who owned the property immediately before its seizure; and

(b) if another person appeared to have possession of it before its seizure—the other person.

(5) However, if the person mentioned in subsection (4) (a) is not known—

(a) the notice may be given by advertisement in a newspaper circulating in the locality where the property was seized; or

(b) if the property was seized in a community area—the notice may be given by displaying a notice in a conspicuous place in—

(i) if the community area is an IRC division area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 —the IRC division area’s office; or

(ii) otherwise—the council’s office for the area.

(6) Subsection (5) (a) does not apply if the cost of giving the notice is more than the value of the property.

(7) The notice must—

(a) sufficiently describe the property; and

(b) state the following—

(i) the date and place the property was seized;

(ii) the property may be forfeited to the State;

(iii) an application may be made to a Magistrates Court under section 187EC for an order for the return of the property;

(iv) if an application is not made to a Magistrates Court within 14 days after the notice is given—the commissioner may order that the property be forfeited to the State.

(8) If a person applies under section 187EC to a Magistrates Court, the commissioner may not order the forfeiture of the property, unless the court refuses to order the delivery of the property to the applicant or the application is withdrawn, whichever happens first.