(1) A person who contravenes or fails to comply with section 27 commits an offence and is liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) A court convicting a person of an offence under subsection (1) of this section shall in addition to any penalty which it may impose in respect of the offence, declare any listed equipment—
(a) by means of which the offence was committed;
(b) which was used in connection with the commission of the offence;
(c) which was found in the possession of the convicted person; or
(d) the possession of which constituted the offence,
to be forfeited to the Crown.
(3) Where a person is convicted of an offence referred to in subsection (1), the court shall, in addition to the penalty which it may impose in respect of the offence, declare forfeited to the State any equipment other than listed equipment which was found in the possession of the convicted person and—
(a) the possession of which constitutes an offence;
(b) by means of which the offence was committed; or
(c) which was used in connection with the commission of the offence.
(4) Any listed equipment or other equipment declared forfeited under subsection (2) or (3) of this section shall, as soon as practicable after the date of declaration of forfeiture be delivered to the Commissioner of Police.
(5) Any listed equipment or other equipment delivered to the Commissioner of Police under subsection (4) shall, in the case of—
(a) listed equipment declared forfeited under subsection (2) of this section, be kept by the Commissioner of Police;
(i) for a period not exceeding 4 months with effect from the date of declaration of forfeiture; or
(ii) if an application under subsection (8) is made, pending the final decision in respect of any such application has been given; or
(b) equipment declared forfeited under subsection (3) of this section, be kept by the Commissioner of Police for a period not exceeding 30 days with effect from the date of declaration of forfeiture and shall as soon as practicable after the expiry of the period of 30 days referred to be destroyed by the Commissioner of Police.
(6) The Commissioner shall—
(a) as soon as practicable after the expiry of the period referred to in subsection (5)(a)(i);
(b) if the decision referred to in subsection (5)( a)(ii) has been given against the person making the application; or
(c) if an application referred to in subsection (5)( a)(ii) has been refused,
destroy such listed equipment or other equipment in his or her possession.
(7) A declaration of forfeiture under subsection (3) shall not affect any right which a person, other than the convicted person, may have to the listed equipment, if the person can show that—
(a) he or she has been exempted under section 28 from the relevant prohibited act referred to in section 27 in respect of such listed equipment;
(b) he or she has taken all reasonable steps to prevent the use thereof in connection with the offence; and
(c) could not reasonably be expected to have known or had no reason to suspect that the listed equipment concerned was being or would be used in connection with the offence.
(8) The judge may, upon an application made at any time within a period of 3 months with effect from the date of declaration of forfeiture under subsection (3), by any person other than the convicted person, who claims that—
(a) the listed equipment declared forfeited under subsection (3) is his or her property; and
(b) he or she is a person referred to in subsection (9),
inquire into and determine those matters.
(9) If the judge under subsection (8) is satisfied that the—
(a) listed equipment concerned is the property of the person; and
(b) the person concerned is a person referred to in subsection (8),
the judge shall set aside the declaration of forfeiture and direct that the listed equipment concerned be returned to the person.