s. 106 Secretary considers appropriate, including a condition that the person give security to the Secretary for payment of the value of the thing if it is forfeited. (3) If the thing returned under subsection (2) is forfeited to the Crown, the security given in lieu of the thing is taken to be forfeited to the Crown. (4) A person must not contravene a condition imposed under subsection (2). 50 penalty units. (5) A court finding any offence proven in respect of a S. 106(5) amended by thing seized or subject to a retention notice under Nos 69/2004 this Act may order— s. 9(1), 35/2009 s. 66(2), (a) in the case of a thing seized, if the thing is 68/2009 not subject to forfeiture to the Crown under s. 97(Sch. item 58.2), subsection (1) or (1A)— substituted by No. 21/2011 (i) the forfeiture of the thing; or s. 5(3). (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).
Secretary considers appropriate, including a condition that the person give security to the Secretary for payment of the value of the thing if it is forfeited. (3) If the thing returned under subsection (2) is forfeited to the Crown, the security given in lieu of the thing is taken to be forfeited to the Crown. (4) A person must not contravene a condition imposed under subsection (2). 50 penalty units. 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— s. 106
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