Customs Act 1901

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the goods are perishable goods or live animals; and

the Comptroller‑General of Customs is satisfied that the retention of the goods would constitute:

a danger to public health; or

if the goods are live animals—a danger to the health of other animals or a danger to plants or to agricultural produce;

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the Comptroller‑General of Customs is satisfied that the retention of the goods would constitute a danger to public health or safety;

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the goods are a vessel in the possession of an officer of Customs; and

the Comptroller‑General of Customs is satisfied that the vessel is so unseaworthy that its custody or maintenance is impracticable;

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the Comptroller‑General of Customs is satisfied that the goods are a prohibited psychoactive substance, tobacco products or a prohibited serious drug alternative;

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the Comptroller‑General of Customs is satisfied that the goods are vaping goods that are prohibited imports;

If:

goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and

the Comptroller‑General of Customs is satisfied that the goods are engineered stone that is a prohibited import;

As soon as practicable, but not later than 7 days after the goods referred to in subsection (1), (1A), (2), (2A), (2B) or (2C) have been dealt with, the Comptroller‑General of Customs must give or publish a notice in accordance with subsection (5).

The notice must be in writing and must be served:

personally or by post on the owner of the goods or, if the owner cannot be identified after reasonable inquiry, on the person in whose possession or under whose control the goods were when they were seized; or

if no person of the kind referred to in paragraph (a) can be identified after reasonable inquiry—by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

The notice must:

identify the goods; and

state that the goods have been seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2) and give the reason for the seizure; and

state that the goods have been dealt with under subsection (1), (1A), (2), (2A), (2B) or (2C) and specify the manner in which they have been so dealt with and the reason for doing so; and

set out the terms of subsection (6).

If goods are dealt with in accordance with subsection (1), (1A), (2), (2A), (2B) or (2C), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1), (1A), (2), (2A), (2B) or (2C) 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 owner of the goods establishes, to the satisfaction of the Court, that the circumstances for them to be so dealt with did not exist.

If a person establishes a right to recover the market value of the goods at the time they were dealt with, the Court must order the payment by the Commonwealth of an amount equal to that value at that time.