Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 5 - Infringement notices  

SECTION 243Z   INFRINGEMENT NOTICES - RIGHT OF COMPENSATION IN CERTAIN CIRCUMSTANCES FOR GOODS DISPOSED OF OR DESTROYED  

243Z(1)    

Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown under subsection 243Y(1) , a person may apply to a court of competent jurisdiction for compensation under this section.

243Z(2)    
A right to compensation exists if:

(a) the goods were not prohibited imports; and

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

(c) the person establishes, to the satisfaction of the court, that he or she is the rightful owner of the goods.

243Z(3)    

If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to the market value of the goods at the time of their disposal or destruction.