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 209J   IMMEDIATE DISPOSAL OF UNSAFE GOODS  

209J(1)    

If the Comptroller-General of Customs is satisfied that the retention of goods seized would constitute a danger to public health or safety, the Comptroller-General of Customs may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).

209J(2)    

As soon as practicable, but not later than 7 days after the goods have been dealt with, the Comptroller-General of Customs must give or publish a notice in accordance with subsection (4).

209J(3)    
The notice must be in writing and must be served:

(a) personally or by post on the owner of the goods or, if the owner cannot be identified after reasonable inquiry, on the person in whose possession or under whose control the goods were when they were seized; or

(b) if no person of the kind referred to in paragraph (a) can be identified after reasonable inquiry-by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

209J(4)    
The notice must:

(a) identify the goods; and

(b) state that the goods have been seized under a seizure warrant under section 203DA and give the reason for the seizure; and

(c) state that the goods have been dealt with under subsection (1) and specify the manner in which they have been so dealt with and the reason for doing so; and

(d) set out the terms of subsection (5).

209J(5)    
If goods are dealt with in accordance with subsection (1), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

209J(6)    
A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) exists if:

(a) the goods were 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 owner of the goods establishes, to the satisfaction of the Court, that the circumstances for them to be so dealt with did not exist.

209J(7)    
If a person establishes a right to recover the market value of the goods at the time they were dealt with, the Court must order the payment by the Commonwealth of an amount equal to that value at that time.