Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 450B

  (1)   If:

  (a)   a thing is seized under this Part; and

  (b)   the owner of the thing agrees to transfer ownership of the thing to the Commonwealth, either:

  (i)   unconditionally; or

  (ii)   in the event that a future contingency happens; and

  (c)   if subparagraph   (b)(ii) applies--that contingency happens;

then:

  (d)   the thing becomes the property of the Commonwealth; and

  (e)   the provisions of this Part   relating to forfeiture apply as if the thing had been forfeited to the Commonwealth under this Act.

  (2)   If:

  (a)   a thing is seized under this Part; and

  (b)   the owner of the thing agrees to transfer ownership of the thing to the Commonwealth in the event that a future contingency happens;

the Secretary may retain the thing:

  (c)   until the thing becomes the property of the Commonwealth; or

  (d)   if the thing does not become the property of the Commonwealth--until the end of the last day on which that contingency could happen.

  (3)   Subsection   (2) has effect despite anything in section   438, 444G, 446, 456AB or 456AC.