Customs Act 1901

Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because no claim for their return or recovery was made, a person may apply to a court of competent jurisdiction under this section for compensation.

A right to compensation exists if:

the goods are not special forfeited goods within the meaning of section 205D; and

the goods were not used or otherwise involved in the commission of an offence; and

the person establishes, to the satisfaction of the court:

that he or she is the rightful owner of the goods; and

that there were circumstances providing a reasonable excuse for the failure to claim the goods before the end of the 30‑day period referred to in paragraph 205C(1)(c) or (2)(f) (as the case may be).

If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to:

if the goods have been sold—the proceeds of the sale; and

if the goods have been destroyed—the market value of the goods at the time of their destruction.