Radiocommunications Act 1989

Enforcement and remedies - Penalties

129: Forfeiture

You could also call this:

"The court can take away your radio equipment if you break the law."

Illustration for Radiocommunications Act 1989

If you break the law under the Radiocommunications Act 1989, the court can take away your radio equipment. The court can do this if you are found guilty of an offence under section 128. The equipment will be taken away from you if it was used when you broke the law. If the court orders your equipment to be taken away, it can be sold or destroyed. The Secretary will decide what happens to it. You won't have a say in what happens to your equipment. If your equipment is sold, the money from the sale will be treated like a fine. This means it will be handled in the same way as a fine under section 128. The money will be used as the law says it should be used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197375.

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Part 14Enforcement and remedies
Penalties

129Forfeiture

  1. Where, in any proceedings under section 128, the court finds that a person has committed an offence against this Act, or against any regulations made under this Act, the court may order any radio apparatus or interfering equipment (being the property of a person convicted under that section) in relation to which the offence has been committed to be forfeited.

  2. Subject to subsection (3) and to any directions of the court that orders the forfeiture, any such radio apparatus or interfering equipment that is forfeited under subsection (1) may be sold, destroyed, or otherwise disposed of as the Secretary may direct.

  3. Where any radio apparatus or interfering equipment that is forfeited under subsection (1) is sold, the proceeds of the sale shall be applied as if the proceeds were a fine incurred under section 128.