Excise and Other Legislation Amendment (Compliance Measures) Act 2004 (91 of 2004)

Schedule 3   Immediate disposal of seized goods

Excise Act 1901

2   Paragraph 107FJ(6)(c)

Repeal the paragraph, substitute:

(c) the owner of the goods establishes to the satisfaction of the Court that, at the time the goods were dealt with:

(i) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(i) - the goods were not perishable goods; or

(ii) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(ii) - the goods met the standards that applied to goods of that kind; or

(iii) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(iii) - there was no reasonable likelihood that the goods, if made available to the public, would constitute a risk to public health or public safety.