Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision F - Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914  

SECTION 107FH   RIGHT OF COMPENSATION IN CERTAIN CIRCUMSTANCES FOR GOODS DISPOSED OF OR DESTROYED  

107FH(1)    
Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because no claim for their return was made, a person may apply to a court of competent jurisdiction under this section for compensation.

107FH(2)    
A right to compensation exists if:

(a) the goods are not special forfeited goods within the meaning of section 107FF ; 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:

(i) that he or she is the rightful owner of the goods; and

(ii) that there were circumstances providing a reasonable excuse for the failure to claim the goods not later than 30 days after the day the seizure notice was served.

107FH(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:

(a) if the goods have been sold - the proceeds of the sale; and

(b) if the goods have been destroyed - the market value of the goods at the time of their destruction.