South Australian Consolidated Acts

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EXPLOSIVES ACT 1936 - SECT 51

51—Supplemental provisions as to forfeiture of explosive

        (1)         Where a court before which a person is convicted of an offence against this Act has power to forfeit any explosive owned by or found in the possession or under the control of such person, the court may, if it thinks it just and expedient, in lieu of forfeiting the explosive, impose upon such person in addition to any other penalty or punishment a penalty not exceeding such sum as appears to the court to be the value of the explosive so liable to be forfeited.

        (2)         Where any explosive or ingredient of an explosive is alleged to be liable under this Act to be forfeited, any complaint may be laid against the owner of the explosive or ingredient for the purpose only of enforcing the forfeiture; and where the owner is unknown or cannot be found the court may cause a notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, the explosive may be forfeited, and at such time and place the court after hearing the owner or any person in his behalf (who may be present) may order all or any part of the explosive or ingredient to be forfeited.



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