Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The chief executive may recover the cost incurred by the chief executive under section 40 or section 41 as a debt payable to the Territory by the former licensee.
(2) For subsection (1), the chief executive may recover the costs from the proceeds of the sale of harvested material under section 40 or hemp seed under section 41.
(3) However, if the proceeds are more than the costs, the chief executive must pay any balance to the former licensee.
(4) Despite subsection (3), if before the proceeds are paid, the chief executive becomes aware that the proceeds may be subject to an application for forfeiture of tainted property under the Confiscation of Criminal Assets Act 2003 , the chief executive must not pay the proceeds to the former licensee unless no order for forfeiture is made under that Act.
(5) Also, if the chief executive becomes aware that the harvested material is subject to a lien under the Instruments Act 1933 that has not been satisfied, the chief executive must pay any balance—
(a) first, in satisfaction of the lien; and
(b)
then, to the former licensee.