Right of compensation in certain circumstances for goods disposed of or destroyed
209Q Right of compensation in certain circumstances for goods disposed of or destroyed
Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because the goods have been surrendered under section 209N, a person may apply to a court of competent jurisdiction under this section for compensation.
A right to compensation exists if:
the goods were not prohibited imports; 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.
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 the market value of the goods at the time of their disposal or destruction.
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