Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 209F

Application for return of seized goods

  (1)   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.

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

  (3)   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.

  (4)   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.

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


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