Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision G - Dealing with goods seized as forfeited goods  

SECTION 205B   CLAIM FOR RETURN OF GOODS SEIZED  

205B(1)    

Subject to subsections (1A) and (1B) , if goods are seized under a seizure warrant or under subsection 203B(2) or (2A) , 203C(2) , 203CA(3) or 203CB(2) , the owner of the goods may, whether or not a seizure notice has yet been served on the owner, make a claim to the appropriate person for the return of the goods.

205B(1A)    

A claim may not be made for the return of goods that have been taken to be condemned as forfeited to the Crown under subsection 243Y(1) .

205B(1B)    

Subsection (1A) ceases to apply in relation to the goods if subsection 243Y(1) ceases to apply in relation to the goods because of the operation of subsection 243Y(4) .

205B(1C)    

A claim under subsection (1) may be made by document or electronically.

205B(2)    

A documentary claim:

(a)    must be in writing in an approved form; and

(b)    must specify the grounds on which the claim is made; and

(c)    if it is made by a person who does not reside or have a place of business in Australia, must:

(i) appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and

(ii) specify the address of the agent for service; and

(iii) be accompanied by the written consent of the agent signed by the agent, agreeing to act as agent.

205B(2A)    

An electronic claim:

(a)    must communicate such information as is set out in an approved statement; and

(b)    must specify the grounds on which the claim is made; and

(c)    if it is made by a person who does not reside or have a place of business in Australia, must:

(i) appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and

(ii) specify the address of the agent for service; and

(iii) be accompanied by the written consent of the agent signed by the agent, agreeing to act as agent.

205B(3)    

In this section:

"appropriate person"
means:

(a)    in relation to goods other than narcotic-related goods - the Comptroller-General of Customs; and

(b)    in relation to narcotic-related goods:

(i) the Commissioner of Police; or

(ii) a Deputy Commissioner of Police.