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 107FK   RELEASE OF GOODS ON SECURITY  

107FK(1)    
This section applies to goods:

(a) that have been seized under a seizure warrant or section 9 of the Crimes Act 1914 ; and

(b) that are not taken to be forfeited to the Crown under section 107FE ; and

(c) in respect of which proceedings have not yet been brought by the Commonwealth under section 107FF .

107FK(2)    
The owner of the goods may apply to a court of summary jurisdiction for an order that the goods be released to the owner on provision to the CEO of security for an amount determined by the court in accordance with subsection (4).

107FK(3)    
In determining whether or not to order the release of the goods on provision of a security, the court may have regard to:

(a) the impact that the continued retention of the goods would have on the economic interests of third parties; and

(b) any other like matters that the court considers relevant.

107FK(4)    
For the purposes of this section, the security to be provided in respect of the goods is security for an amount determined by the court that does not exceed the sum of:

(a) the market value of the goods at the time when the order is made; and

(b) the costs incurred for storage of the goods from the time of their seizure until the time of their release under this section;

reduced by the amount of any duty that has been paid on the goods.

107FK(5)    
If the security is given, the CEO is to release the goods to the applicant.