Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007 - SECT 70L

  (1)   If:

  (a)   a thing is seized under this Subdivision; and

  (b)   apart from this section, the Secretary would be required to take reasonable steps to return the thing to a person; and

  (c)   either:

  (i)   the Secretary cannot, despite making reasonable efforts, locate the person; or

  (ii)   the person has refused to take possession of the thing;

the Secretary may dispose of the thing in such manner as he or she thinks appropriate.

  (2)   If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

  (3)   If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

  (4)   In this section:

"acquisition of property" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.