Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) a protected object has been seized under this Act; and
(b) the object is not forfeited by section 36 or by or under this section;
the owner, or the person who had the possession, custody or control of the object immediately before it was seized, may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the object on the ground that the object is not forfeited or liable to be forfeited.
(2) Where:
(a) a protected object has been seized on the grounds that it is liable to forfeiture by virtue of subsection 9(2) or 14(1);
(b) a person brings an action for recovery of the object; and
(c) the person discontinues the action;
the object is forfeited.
(3) Where an action is brought for recovery of a protected object, the court shall determine, on a balance of probabilities, whether:
(a) the object is forfeited by virtue of subsection 9(1); or
(b) the object is liable to forfeiture by virtue of subsection 9(2) or 14(1);
and the court:
(c) where paragraph (a) applies—shall reject the claim for recovery;
(d) where paragraph (b) applies—shall order that the object is forfeited; or
(e) in any other case—may order the return of the object.
(4) Where a person is convicted of attempting to export a protected object in contravention of subsection 9(3) or of an offence against subsection 14(2) in relation to a protected object, the court shall order that the object is forfeited.