Commonwealth Numbered Acts

MINERALS (SUBMERGED LANDS) ACT 1981 No. 81, 1981 - SECT 93

93. (1) Where a person is convicted by a Supreme Court -

   (a)  of an offence against this Act arising under section 90; or

   (b)  of an offence arising under section 5 or 7 of the Crimes Act 1914 in
        relation to an offence referred to in paragraph (a), the Court may, in
        addition to imposing a penalty, make 1 or more of the following
        orders:

   (c)  an order for the forfeiture of a specified aircraft or vessel used in
        the commission of the offence;

   (d)  an order for the forfeiture of specified equipment used in the
        commission of the offence;

   (e)  an order -

        (i)    for the forfeiture of specified minerals recovered in the
               course of the commission of the offence;

        (ii)   for the payment by that person to the Commonwealth of an amount
               equal to the proceeds of the sale of specified minerals so
               recovered; or

        (iii)  for the payment by that person to the Commonwealth of an amount
               equal to the value, assessed by the Court, of the quantity, so
               assessed, of minerals so recovered or for the payment of such
               part of that amount as the Court, having regard to all the
               circumstances, thinks fit.

(2) Where the Court is satisfied that an order made under sub-paragraph (1)
(e) (i) cannot, for any reason, be enforced, the Court may, upon the
application of the person by whom the proceedings were brought, set aside the
order and make either of the orders referred to in sub-paragraphs (1) (e) (ii)
and (iii).

(3) The Court may, before making an order under this section, require notice
to be given to, and hear, such persons as the Court thinks fit.

(4) Goods in respect of which an order is made under this section shall be
dealt with as the Attorney-General directs and, pending his direction, may be
detained in such custody as the Court directs.