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 209H   RIGHT OF COMPENSATION FOR CERTAIN GOODS DISPOSED OF OR DESTROYED  

209H(1)   [Application for compensation]  

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

209H(2)   [Right of compensation]  

A right to compensation exists if:

(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 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 apply for the return of the goods not later than 30 days after the day the seizure notice was served.

209H(3)   [Amount of compensation]  

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 or otherwise disposed of - the goods' market value at the time of their destruction or disposal.