Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 4 · Enforcement and Miscellaneous
29. Forfeiture
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Subject to subsection (1A), any thing seized in exercise of any power conferred under this Act is liable to forfeiture.
This section does not apply to or in relation to any cash seized in exercise of any power conferred by this Act.
An order for the forfeiture or for the release of any thing seized in exercise of any power conferred by this Act must be made by the court before which the prosecution with regard thereto has been held.
An order for the forfeiture of the thing seized must be made if it is proved to the satisfaction of the court that —
an offence under this Act has been committed; and
the thing seized was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.
Despite subsections (2) and (3), the court must not order the forfeiture of a vehicle or trailer seized in exercise of any power conferred by this Act if its owner satisfies the court that the vehicle or trailer was unlawfully in the possession of another person without the owner’s consent.
In the absence of any prosecution with regard to any thing seized in the exercise of any power conferred by this Act, the thing is deemed to be forfeited at the expiry of one month from the date of the seizure unless a claim to the thing is made before then in accordance with subsection (5).
A person asserting that the person is the owner of any thing seized and that the thing is not liable to forfeiture may personally, or by the person’s agent authorised in writing, make a claim by giving written notice to the Chief Executive.
writing
“writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form.
On receipt of the notice, the Chief Executive may direct that the thing seized be released or may refer the matter to a court for decision.
Chief Executive
“Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;
All things forfeited or deemed to be forfeited must be delivered to the Authority or an authorised officer and must be disposed of according to the Chief Executive’s directions.