Excise Act, 2001

Marginal note:Dealing with things seized

• 266 (1) The Minister may sell, destroy or otherwise deal with anything seized under section 260.

• Marginal note:Excise stamps not to be sold

  (1.1) Despite subsection (1), the Minister shall not sell excise stamps that have been seized under section 260.

• Marginal note:Restriction

  (2) Subject to the regulations, the Minister may sell

  • (a) seized spirits or specially denatured alcohol only to a spirits licensee;

  • (b) seized wine only to a wine licensee;

  • (c) seized raw leaf tobacco or a seized tobacco product only to a tobacco licensee;

  • (d) a seized restricted formulation only to a licensed user;

  • (e) a seized cannabis product only to a cannabis licensee; and

  • (f) a seized vaping product only to a vaping product licensee.

• Marginal note:Payment of compensation

  (3) If a person would be entitled to the return of a thing if it were available to be returned, but it is not possible to return it, the person shall be paid

  • (a) if the thing was sold, the proceeds from the sale; and

  • (b) in any other case, the value of the thing at the time of its seizure as determined by the Minister.