Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 140

Forfeiture

    (1)     This section applies if—

        (a)     a court convicts a person, or finds a person guilty, of an offence against this Act in relation to dangerous goods; and

        (b)     the prosecutor or a competent authority applies for an order under this section; and

        (c)     the court is satisfied that the person owns the goods or that the owner cannot be identified.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (2)     The court may, in addition to imposing any other penalty, order that the dangerous goods and their packaging be forfeited to the Territory.

    (3)     Dangerous goods and packaging forfeited to the Territory may be collected, packaged, transported, sold, destroyed or otherwise disposed of as the competent authority directs.

    (4)     The person convicted, or found guilty, of the offence must pay to the Territory the reasonable costs of collecting, packaging, transporting, storing, selling, destroying or otherwise disposing of the dangerous goods and packaging.



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