CUSTOMS ACT 1901 - SECT 205B Claim for return of goods seized

CUSTOMS ACT 1901 - SECT 205B

  (1)   Subject to subsections   (1A) and (1B), if goods are seized under a seizure warrant or under subsection   203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2), the owner of the goods may, whether or not a seizure notice has yet been served on the owner, make a claim to the appropriate person for the return of the goods.

  (1A)   A claim may not be made for the return of goods that have been taken to be condemned as forfeited to the Crown under subsection   243Y(1).

  (1B)   Subsection   (1A) ceases to apply in relation to the goods if subsection   243Y(1) ceases to apply in relation to the goods because of the operation of subsection   243Y(4).

  (2)   A claim:

  (a)   must be in writing in an approved form; and

  (b)   must specify the grounds on which the claim is made; and

  (c)   if it is made by a person who does not reside or have a place of business in Australia, must:

  (i)   appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and

  (ii)   specify the address of the agent for service; and

  (iii)   be accompanied by the written consent of the agent signed by the agent, agreeing to act as agent.

  (3)   In this section:

"appropriate person" means:

  (a)   in relation to goods other than narcotic - related goods--the Comptroller - General of Customs; and

  (b)   in relation to narcotic - related goods:

  (i)   the Commissioner of Police; or

  (ii)   a Deputy Commissioner of Police.