Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision G - Dealing with goods seized as forfeited goods  

SECTION 207   IMMEDIATE DISPOSAL OF NARCOTIC GOODS  

207(1)   [Commissioner's discretion]  

If:

(a) goods are seized:

(i) under a seizure warrant; or

(ii) under subsection 203B(2) or (2A) , 203C(2) , 203CA(3) or 203CB(2) ; or

(iii) under section 67 of the Maritime Powers Act 2013 ; and

(b) the goods are reasonably believed by the Commissioner of Police or a Deputy Commissioner of Police to be special forfeited goods that are narcotic goods;

the Commissioner or Deputy Commissioner may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).

207(2)   [Recovery of market value of goods]  

If goods are dealt with in accordance with subsection (1), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

207(3)   [Circumstances for right to recover market value]  

A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) exists if:

(a) the goods are not special forfeited goods; and

(b) the goods were not used or otherwise involved in the commission of an offence; and

(c) the owner of the goods establishes, to the satisfaction of the Court, that the circumstances for them to be so dealt with did not exist.

207(4)   [Court order]  

If a person establishes a right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) or (2), the Court must order the payment by the Commonwealth of an amount equal to that value at that time.