Customs Act 1901

Subject to subsections (1AA), (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.

A claim may not be made for the return of goods that are tobacco products seized under subsection 203B(2) or (2A), 203CA(3) or 203CB(2).

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).

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).

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

A documentary claim:

must be in writing in an approved form; and

must specify the grounds on which the claim is made; and

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

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

specify the address of the agent for service; and

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

An electronic claim:

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

must specify the grounds on which the claim is made; and

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

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

specify the address of the agent for service; and

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

In this section:

in relation to goods other than narcotic‑related goods—the Comptroller‑General of Customs; and

in relation to narcotic‑related goods:

the Commissioner of Police; or

a Deputy Commissioner of Police.