Customs Act 1901
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(2)
A 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(3)
In this section:
(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.
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