Commonwealth Consolidated Acts

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 17

(1)

If a person exports or supplies, or attempts to export or supply, goods in contravention of this Act, the goods, and any packages in which they are contained, are forfeited to the Commonwealth.

(2)

An authorised person may, without warrant, seize any goods that are forfeited, or that the authorised person has reasonable grounds to believe are forfeited, to the Commonwealth under subsection (1) and take them before a court of summary jurisdiction.

(3)

If goods are taken before a court of summary jurisdiction under subsection (2), the court must inquire into the matter and:

(a)

if the court is satisfied that the goods are forfeited—must order that the goods be condemned; or

(b)

if the court is not so satisfied—must order that the goods be delivered to whoever the court is satisfied is entitled to the goods.

(4)

Before inquiring into a matter in accordance with subsection (3), a court of summary jurisdiction may require notice of the inquiry to be given to anyone that the court thinks appropriate.

(5)

If a prosecution is pending, an order for the condemnation, or for the delivery to a person, of goods relating to the prosecution must not be made until the prosecution is determined.

(6)

Goods seized under subsection (2) must be stored in accordance with prescribed procedures until an order is made under subsection (3).

(7)

Condemned goods must be destroyed or otherwise dealt with in accordance with prescribed procedures as soon as practicable after it is determined that the goods are condemned.

(8)

Until they are so destroyed or otherwise dealt with, condemned goods must be stored in accordance with prescribed procedures.