Document ID: chunk:federal_register_of_legislation:C2025C00155:section:205d:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 205D (pt 1/3)
Character Range: 1320629–1323217

205D  Treatment of goods seized if a claim for return is made—general
 (1) This section applies if:
 (a) goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2); and
 (aa) a claim for the return of the goods may be made under section 205B; and
 (b) before the end of the 30‑day period referred to in paragraph 205C(1)(c) or (2)(f), a claim is made under section 205B for return of the goods.
 (1A) However, this section does not apply in relation to goods seized on the belief or suspicion that they are a prohibited psychoactive substance.
 (2) The authorised person who seized the goods must, subject to any law of the Commonwealth, a State or a Territory permitting their retention, destruction or disposal, return the goods unless:
 (a) the goods have been dealt with under section 206 or 207; or
 (aa) the goods have been taken to be condemned as forfeited to the Crown under subsection 243Y(1); or
 (b) not later than 120 days after the claim for their return is made, proceedings in respect of an offence involving the goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (c) not later than 120 days after the claim for their return is made:
 (i) an order permitting the goods to be retained for a specified period has been made under section 205E; and
 (ii) before the end of that specified period, proceedings in respect of an offence involving the goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (d) not later than 120 days after the claim for their return is made:
 (i) an order permitting the goods to be retained for a specified period has been made under section 205E; and
 (ii) before the end of that specified period proceedings have been commenced before a court of summary jurisdiction for a declaration that the goods are special forfeited goods and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (e) if the goods were seized as special forfeited goods—not later than 120 days after the claim for their return is made, proceedings before a court of summary jurisdiction for a declaration that the goods are special forfeited goods have been commenced and, on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.
Note: Subsection (9) gives special forfeited goods a wider meaning