Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision GA - Dealing with goods in transit seized under a section 203DA warrant  

SECTION 209F   APPLICATION FOR RETURN OF SEIZED GOODS  

209F(1)   [Application by owner]  

The owner of the goods may, whether or not a seizure notice has yet been served on the owner, apply to a court of competent jurisdiction for the return of the goods.

209F(2)   [Time to make application]  

An application must be made no later than 30 days after a seizure notice is issued in respect of the goods.

209F(3)   [Order for return of goods]  

If the court finds that:

(a) the goods are not goods of the kind mentioned in subsection 203DA(1); and

(b) the goods were not used or otherwise involved in the commission of an offence against any law of the Commonwealth, a State or a Territory; and

(c) the person is the rightful owner of the goods;

the court must order that the goods be returned to the owner.

209F(4)   [Condition of goods]  

Goods required to be so returned are required to be returned in a condition as near as practicable to the condition in which they were seized.

209F(5)   [Goods to be forfeited]  

If the court finds otherwise than as mentioned in subsection (3), the goods are condemned as forfeited to the Crown.