Right of compensation in certain circumstances
60D Right of compensation in certain circumstances
If:
goods are seized under section 49 or 52 of the Regulatory Powers Act; and
the goods are forfeited to the Commonwealth under section 60C of this Act;
the owner of the goods may apply to a designated court for compensation.
On application under subsection (1), the court must order that the Commonwealth pay compensation to the owner of the goods if the court is satisfied that:
the applicant is the owner of the goods; and
either:
Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, was not complied with in relation to the seizure of the goods; or
the goods were not forfeitable goods.
The amount of compensation ordered must be the market value of the goods at the time the goods were forfeited.
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