Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision G - Dealing with goods seized as forfeited goods  

SECTION 205D   TREATMENT OF GOODS SEIZED IF A CLAIM FOR RETURN IS MADE - GENERAL  

205D(1)    

This section applies if:

(a) goods are seized under a seizure warrant or under subsection 203B(2) or (2A) , 203C(2) , 203CA(3) or 203CB(2) ; and

(aa) a claim for the return of the goods may be made under section 205B ; and

(b) before the end of the 30-day period referred to in paragraph 205C(1)(c) or (2)(f) , a claim is made under section 205B for return of the goods.

205D(1A)    

However, this section does not apply in relation to goods seized on the belief or suspicion that they are a prohibited psychoactive substance.

205D(2)    
The authorised person who seized the goods must, subject to any law of the Commonwealth, a State or a Territory permitting their retention, destruction or disposal, return the goods unless:

(a) the goods have been dealt with under section 206 or 207 ; or

(aa) the goods have been taken to be condemned as forfeited to the Crown under subsection 243Y(1) ; or

(b) not later than 120 days after the claim for their return is made, proceedings in respect of an offence involving the goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

(c) not later than 120 days after the claim for their return is made:

(i) an order permitting the goods to be retained for a specified period has been made under section 205E ; and

(ii) before the end of that specified period, proceedings in respect of an offence involving the goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

(d) not later than 120 days after the claim for their return is made:

(i) an order permitting the goods to be retained for a specified period has been made under section 205E ; and

(ii) before the end of that specified period proceedings have been commenced before a court of summary jurisdiction for a declaration that the goods are special forfeited goods and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

(e) if the goods were seized as special forfeited goods - not later than 120 days after the claim for their return is made, proceedings before a court of summary jurisdiction for a declaration that the goods are special forfeited goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.

Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

205D(2A)    

Paragraph (2)(aa) 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) .

205D(3)    
If:

(a) goods seized otherwise than as special forfeited goods have not been dealt with under section 206; and

(b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and

(c) on completion of the proceedings, the court:

(i) finds that the offence is proved; and

(ii) is satisfied, in all the circumstances of the case, that it is appropriate that an order be made for condemnation of the goods as forfeited to the Crown;

the court must make an order to that effect.

Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

205D(4)    
If:

(a) goods seized as special forfeited goods have not been dealt with under section 206 or 207 ; and

(b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and

(c) on completion of the proceedings the court is satisfied that the goods are special forfeited goods;

the court must make an order for condemnation of the goods as forfeited to the Crown, whether or not the court finds the offence proved.

Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

205D(5)    
Subject to subsection (6) if:

(a) goods seized as special forfeited goods have not been dealt with under section 206 or 207 ; and

(b) proceedings of the kind referred to in paragraph (2)(d) or (e) are commenced in respect of the goods; and

(c) on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;

the court must declare the goods to be special forfeited goods and make an order for condemnation of the goods as forfeited to the Crown.

Note: Subsection (9) gives special forfeited goods a wider meaning for the purposes of this section.

205D(6)    
A court must not make an order for condemnation of goods under subsection (5) if proceedings for an offence involving the goods have been commenced.

205D(7)    
If the finding of a court in proceedings under paragraph (2)(b), (c), (d) or (e) in respect of goods that have not been dealt with under section 206 or 207 may be taken on appeal to another court, the goods are not to be returned under subsection (2), or disposed of under section 208D or 208DA , while that appeal may be made, or, if it is made, until the completion of that appeal.

205D(8)    
For the purposes of this section, the return of goods requires their return to the person reasonably believed to be the owner of the goods in a condition as near as practicable to the condition in which they were seized.

205D(9)    

In this section:

"offence"
means an offence against any law of the Commonwealth, a State or a Territory;

special forfeited goods
includes goods that are forfeited under section 7 , 10 , 11 or 13 of the Commerce (Trade Descriptions) Act 1905 .

205D(10)    
In this section, a reference to completion of proceedings includes a reference to completion of any appeal process arising from those proceedings.