Commonwealth Consolidated Acts

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Thing condemned if not claimed in time

             (1)  By force of this subsection, the thing is condemned as forfeited to the Commonwealth 21 days after notice of seizure of the thing has been given under section 261D, unless:

                     (a)  the following conditions are satisfied:

                              (i)  within the 21 days, the owner of the thing or the person who had possession, custody or control of it immediately before it was seized gives the Secretary or Australian Border Force Commissioner a written claim for the thing;

                             (ii)  the claim is in English;

                            (iii)  the claim sets out an address for service on the person making the claim; or

                     (b)  within the 21 days, the Minister gives a written order that the thing is not to be condemned as forfeited.

Note:          Section 261I requires things condemned as forfeited to be dealt with in accordance with the Secretary's directions.

             (2)  A person may claim the thing even if it is disposed of or destroyed before or after the claim.

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