Biological Weapons Act 2011

11.

Forfeiture on application to District Court.

11.— (1) A member of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for an order (in this section called a “forfeiture order”) for the forfeiture to the State of any microbial or other biological agent, or any toxin (whatever its origin or method of production) or other thing, on the grounds that possession of the agent, toxin or other thing in the circumstances in which it was found is prohibited under this Act.

(2) A member of the Garda Síochána may make an application under subsection (1) , in relation to a microbial or other biological agent, or toxin or other thing, whether or not—

( a) a person has been convicted of or charged with an offence under this Act in relation to the agent, toxin or other thing, or

( b) the owner or person who has the right to possession of the agent, toxin or other thing is within the jurisdiction of the State or, after reasonable inquiry, can be found.

(3) An application under subsection (1) , in relation to a microbial or other biological agent, or toxin or other thing, shall be made to a judge of the District Court assigned to the district court district in which the agent, toxin or other thing is located.

(4) Any person aggrieved by a forfeiture order, or by a decision of the District Court not to make such an order, may appeal against that order or decision to the Circuit Court in whose circuit the order has been made or refused.

(5) A forfeiture order may contain such provisions as appear to the judge of the District Court making the order to be appropriate for delaying the coming into force of the order (including provisions relating to the custody and safe storage of the microbial or other biological agent, or toxin or other thing, concerned) pending the making and determination of any appeal under subsection (4) .

(6) A thing that is forfeited under this section may be disposed of as the Minister may direct.