Victorian Consolidated Legislation

Australian Grands Prix Act 1994 - SECT 45

Seizure and forfeiture of goods

45. Seizure and forfeiture of goods



(1) If-

   (a)  goods apparently intended for a commercial purpose are marked with
        grand prix insignia; and

   (b)  a member of the police force suspects on reasonable grounds that the
        use of the grand prix insignia has not been authorised under section
        44-

the member may seize those goods.

(2) If any goods have been seized under this section and-

   (a)  proceedings are not instituted for an offence against section 44 in
        relation to the goods within 3 months of their seizure; or



   (b)  after proceedings have been instituted and completed, the defendant is
        not convicted-

the person from whom they were seized is entitled to recover-

   (c)  the goods or, if they have been destroyed, compensation equal to the
        market value of the goods at the time of their seizure; and

   (d)  compensation for any loss suffered by reason of the seizure of the
        goods.

(3) An action for the payment of compensation under subsection (2) may be
brought against the Corporation in any court of competent jurisdiction.

(4) The court by which a person is convicted of an offence against this Act
may order that goods to which the offence relates be forfeited to the Crown.

(5) Any goods forfeited to the Crown shall be disposed of in such manner as
the Minister may direct, and, if sold, the proceeds of the sale shall be paid
into the Consolidated Fund.