Forfeiture of things seized in certain circumstances
52AAA Forfeiture of things seized in certain circumstances
If:
an authorised person seizes a thing under Part 6‑2; and
the Secretary believes, on reasonable grounds, that:
the thing has been imported, manufactured or supplied in contravention of this Act or an instrument made under this Act; or
the thing has been in the possession, custody or control of a person in contravention of this Act or an instrument made under this Act; or
a requirement under this Act, or an instrument made under this Act, has not been complied with in relation to the thing;
the thing is forfeited to the Commonwealth.
Notice of forfeiture
The Secretary must give a written notice (a forfeiture notice) in accordance with subsection (3) to:
the owner of the thing; or
if the owner cannot be identified after reasonable inquiry—the person who had possession, custody or control of the thing immediately before it was seized.
The forfeiture notice must identify the thing and state the following:
the day the thing was seized;
the provision of Part 6‑2 under which the thing was seized and the grounds on which the thing was seized;
that the thing is forfeited to the Commonwealth;
that the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, may, within 2 months beginning on the day the forfeiture notice is given, commence proceedings against the Commonwealth in a court of competent jurisdiction for a declaration that the thing is not forfeited to the Commonwealth.
Proceedings may be commenced for declaration that thing is not forfeited to the Commonwealth
The owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, may, subject to subsection (5), commence proceedings in a court of competent jurisdiction for a declaration that the thing is not forfeited to the Commonwealth.
Proceedings:
may be commenced under subsection (4) even if the forfeiture notice required to be given under subsection (2) in relation to the thing has not yet been given; and
may only be commenced before the end of the period of 2 months beginning on the day the forfeiture notice is given.
Secretary may retain or dispose of forfeited thing
If:
the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, does not, within the period of 2 months beginning on the day the forfeiture notice was given, commence proceedings against the Commonwealth for a declaration that the thing is not forfeited to the Commonwealth; or
the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, commences such proceedings within that 2 month period, but at the end of the proceedings (including an appeal to a court in relation to the proceedings), the court has not made a declaration that the thing is not forfeited to the Commonwealth;
then:
the thing is condemned as forfeited to the Commonwealth; and
the Secretary may cause notice of the forfeiture of the thing to be published on the Department’s website; and
the Secretary may:
retain the thing for the purpose of proceedings in respect of which the thing may afford evidence; or
cause the thing to be disposed of in such manner as the Secretary directs.
See also section 54 (offences and forfeiture).
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