Customs Act 1901


Division 1 - Powers of officers  

Subdivision G - Dealing with goods seized as forfeited goods  



In this section:

"condemned goods"
means goods seized under a seizure warrant or under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2):

(a) that are taken to be condemned as forfeited to the Crown under section 205C; or

(b) that are so condemned under section 205D;

"Official Trustee"
means the Official Trustee in Bankruptcy;

"prescribed officer"
means an SES employee, or acting SES employee, in the Department;

"Trust Fund"
(Repealed by No 152 of 1997)

All condemned goods that are narcotic-related goods (other then narcotic goods) must, subject to any direction given under subsection (4) in relation to those goods, be transferred to the Official Trustee to be dealt with under subsection (3).


Where goods are transferred to the Official Trustee under subsection (2), the Official Trustee must, as soon as practicable:

(a) if the goods are money - credit the amount of the money to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002 ; and

(b) if the goods are not money:

(i) sell or otherwise dispose of the goods; and

(ii) apply the proceeds of the sale or disposition in accordance with subsection (3A); and

(iii) credit an amount equal to the remainder of those proceeds to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002 .

The proceeds of the sale or disposition of condemned goods transferred to the Official Trustee under subsection (2) must be applied in payment of:

(a) the Official Trustee's remuneration; and

(b) the other costs, charges and expenses of the kind referred to in section 243P that are payable to, or incurred by, the Official Trustee in connection with the sale or disposition; and

(c) if the goods were seized by, or delivered into the custody of, a member of the Australian Federal Police under a seizure warrant, or under section 203B, 203C, 203CA, 203CB or 204 - the costs, charges and expenses incurred by, or on behalf of, the Commonwealth in connection with the transportation, storage, custody and control of the goods before their transferral to the Official Trustee.


If condemned goods consist of, or include, narcotic-related goods (other than narcotic goods), the Minister, or a prescribed officer authorised by the Minister for the purposes of this section, may, at any time before the condemned goods are transferred to the Official Trustee under subsection (2), direct that those narcotic-related goods be disposed of, or otherwise dealt with, as specified in the direction.


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