Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) an authorised officer has reasonable grounds to believe that a person has committed an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)); and
(b) the person possesses, at the time and place that the authorised officer forms the belief mentioned in paragraph (a), an infringing article or an infringing device in relation to the alleged offence.
(2) The authorised person may inform the person (either orally or by written notice) that the person may avoid prosecution for the alleged offence if:
(a) the person agrees to forfeit, and does forfeit, to the Commonwealth all infringing articles and devices that the person possesses at that time and place in relation to the alleged offence; and
(b) the person pays the penalty specified in an infringement notice for the alleged offence in accordance with regulation 23U; and
(c) the infringement notice for the alleged offence is not withdrawn.
(3) If the person agrees to forfeit to the Commonwealth all infringing articles and devices that the person possesses at that time and place in relation to the alleged offence, the authorised officer:
(a) may take possession of the infringing articles and devices; and
(b) must give the person a receipt for the infringing articles and devices taken into possession.
(4) If the person pays the penalty specified in an infringement notice for the alleged offence, the nominated person must cause all infringing articles and devices in relation to the alleged offence that the person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.
Note An infringement notice relating to an offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)) may not be given if the recipient does not agree to forfeit to the Commonwealth all infringing articles and devices in the person's possession at that time and place in relation to the alleged offence -- see regulation 23P.