Queensland Numbered Acts

TOBACCO AND OTHER SMOKING PRODUCTS (VAPING) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 25

25 Insertion of new s 205A

After section 205 —
insert—

205A Forfeiture of bongs and ice pipes

(1) The chief executive may decide a seized thing is forfeited to the State if the chief executive—

(a) is satisfied the thing is a bong or ice pipe; and

(b) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.

(2) However, before making the decision, the chief executive must give the owner of the seized thing a notice stating that—

(a) the chief executive believes the seized thing is a bong or ice pipe and it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized; and

(b) the chief executive proposes the seized thing be forfeited to the State; and

(c) the owner may, within 28 days after being given the notice (the
"response period" ), give the chief executive a written response to the belief and proposal.

(3) Also, before making the decision, the chief executive must consider all responses complying with subsection (2)(c).

(4) If the chief executive decides the seized thing is forfeited to the State, the chief executive must give the owner of the seized thing written notice of the decision and the reasons for the decision.

(5) However, if a proceeding involving the seized thing was started, the chief executive must not act under subsection (1) until the end of the proceeding or any appeal from the proceeding.

(6) In this section—

"seized thing" means a thing seized under section 197 or 198.