National Health Act 1953

Despite the destruction of drug like substances that are taken to be condemned as forfeited to the Commonwealth under subsection 99ZO(5) because no application for their return was made, a person may apply to a court of competent jurisdiction under this section for compensation in respect of those substances.

A right to compensation exists if:

the substances are not prohibited exports; and

the substances 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 would have had an entitlement to the return of the substances; and

that there were circumstances providing a reasonable cause for the failure to apply for that return within 60 days after the notice was given to the exporter.

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 substances at the time of their destruction.