Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p37
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 89049–91734

203B(2) or 203C(2) to be retained

"205E.(1) If goods are seized under a seizure warrant or under subsection 203B(2) or 203C(2) and:

    (a) before the end of 60 days after the making of a claim for their return; or

    (b) before the end of the period previously specified in a magistrate's order under this section;

proceedings of the kind referred to in paragraph 205D(2)(b) have not been started, an authorised person may apply to a magistrate for an order that the goods be retained.

"(2) If the magistrate is satisfied that it is necessary:

    (a) that the retention of the goods continue while evidence of the offence to which the proceedings referred to in paragraph 205D(2)(b) relate is assembled; and

    (b) that there has been no avoidable delay in assembling that evidence;

the magistrate may order that the goods be retained for a period specified in the order.

"(3) Before making the application, the authorised person must:

    (a) take reasonable steps to discover who has an interest in the retention of the goods; and

    (b) if it is practicable to do so, notify each person who the officer believes to have such an interest of the proposed application.

Right of compensation in certain circumstances for goods disposed of or destroyed

"205F.(1) Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because no claim for their return was made, a person may apply to a court of competent jurisdiction under this section for compensation.

"(2) A right to compensation exists if:

    (a) the goods are not special forfeited goods within the meaning of section 205D; and

    (b) the goods were not used or otherwise involved in the commission of an offence; and

SCHEDULE 4—continued

    (c) the person establishes, to the satisfaction of the court:

        (i) that he or she is the rightful owner of the goods; and

        (ii) that there were circumstances providing a reasonable excuse for the failure to claim the goods not later than 30 days after the day the seizure notice was served.

"(3) If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to:

    (a) if the goods have been sold—the proceeds of the sale; and

    (b) if the goods have been destroyed—the market value of the goods at the time of their destruction.

Effect of forfeiture

"205G. When goods are, or are taken to be, condemned as forfeited to the Crown, the title to the goods immediately vests in the Commonwealth to the exclusion of all other interests in the goods, and the title cannot be called into question.".

32. Sections 206, 207 and