Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision G - Dealing with goods seized as forfeited goods  

SECTION 205F   RIGHT OF COMPENSATION IN CERTAIN CIRCUMSTANCES FOR GOODS DISPOSED OF OR DESTROYED  

205F(1)    

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

205F(2)    
A right to compensation exists if:

(a) the goods are not special forfeited goods within the meaning of section 205D ; 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 before the end of the 30-day period referred to in paragraph 205C(1)(c) or (2)(f) (as the case may be).

205F(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.