(5) A court finding any offence proven in respect of a S. 106(5) thing seized or subject to a retention notice under amended by Nos 69/2004 this Act may order— s. 9(1), 35/2009 (a) in the case of a thing seized, if the thing is s. 66(2), not subject to forfeiture to the Crown under 68/2009 s. 97(Sch. subsection (1) or (1A)— item 58.2), substituted by No. 21/2011 s. 5(3). (i) the forfeiture of the thing; or (ii) the return of the thing to the person found guilty of the offence or the owner of the thing; (b) in the case of a thing subject to a retention notice, if the thing, had it been seized, would not have been subject to forfeiture to the Crown under subsection (1) or (1A)— (i) the forfeiture of the thing; or (ii) the cancellation of the retention notice and return of the thing to the person found guilty of the offence or the owner of the thing. (5A) A court must order the forfeiture of the thing S. 106(5A) inserted by under subsection (5) if the person in respect of No. 17/2002 whom the court found an offence proven has s. 20(1), substituted by previously been convicted or found guilty on 2 or No. 69/2004 more occasions of— s. 9(2). (a) an offence involving priority species under section 36(1), 37(1), 40(1), 67(3), 68A(4B), 68A(5), 68B(1), 111A, 111B, 111C, 114(3), 116(1), 119A, 119B, 130(4), 130A(5) or 130B(6); or (b) an associated offence in relation to an offence referred to in paragraph (a).
S. 106(5) amended by Nos 69/2004 s. 9(1), 35/2009 s. 66(2), 68/2009 s. 97(Sch. item 58.2), substituted by No. 21/2011 s. 5(3). (5) A court finding any offence proven in respect of a thing seized or subject to a retention notice under this Act may order— (a) in the case of a thing seized, if the thing is not subject to forfeiture to the Crown under subsection (1) or (1A)— (i) the forfeiture of the thing; or (ii) the return of the thing to the person found guilty of the offence or the owner of the thing; (b) in the case of a thing subject to a retention notice, if the thing, had it been seized, would not have been subject to forfeiture to the Crown under subsection (1) or (1A)— (i) the forfeiture of the thing; or (ii) the cancellation of the retention notice and return of the thing to the person found guilty of the offence or the owner of the thing. S. 106(5A) inserted by No. 17/2002 s. 20(1), substituted by No. 69/2004 s. 9(2). (5A) A court must order the forfeiture of the thing under subsection (5) if the person in respect of whom the court found an offence proven has previously been convicted or found guilty on 2 or more occasions of— (a) an offence involving priority species under section 36(1), 37(1), 40(1), 67(3), 68A(4B), 68A(5), 68B(1), 111A, 111B, 111C, 114(3), 116(1), 119A, 119B, 130(4), 130A(5) or 130B(6); or (b) an associated offence in relation to an offence referred to in paragraph (a).