Section 63

An order for the forfeiture of the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized was the subject matter of or was used in the commission of the offence, notwithstanding that no person has been convicted of such offence.

If there is no prosecution with regard to any medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized under this Act, such medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form was seized indicating that there is no prosecution in respect of such medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5) and (6).

Medical Device 43

Any person asserting that he is the owner of the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form referred to in subsection (3)

and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form is held that he claims the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form.

On receipt of the notice under subsection (4), the authorized officer shall refer the matter to a Magistrate for his decision.

The Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form and the person from whom it was seized to appear before the Magistrate, and upon their appearance or default to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized was the subject matter of or was used in the commission of such offence, the

Magistrate shall order the medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form to be forfeited, and shall, in the absence of such proof, order its release.

Any medical device, book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form forfeited or deemed to be forfeited shall be delivered to the Authority and shall be disposed of in such manner as the Authority thinks fit.

The Authority may direct that any thing seized under this Act be sold at any time and the proceeds of the sale be held pending the result of any prosecution or claim under this section if—