Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_52g:p1
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 52G (pt 1/2)
Character Range: 177414–179937

52G  Condemnation of thing if it is claimed

Application

 (1) This section applies if the Managing Director of AFMA gives the claimant a notice under section 52F about instituting proceedings:
 (a) to recover the thing; or
 (b) for a declaration that the thing is not forfeited.

Condemnation if proceedings not started within 2 months

 (2) By force of this subsection, the thing is condemned as forfeited to the Commonwealth 2 months after the notice is given if the claimant does not institute the proceedings within that period.

Condemnation at end of proceedings started within 2 months

 (3) By force of this subsection, the thing is condemned as forfeited to the Commonwealth at the end of the proceedings that are instituted by the claimant against the Commonwealth within 2 months of the claimant being given the notice if, at the end of the proceedings, there is not:
 (a) an order for the claimant to recover the thing; or
 (b) an order for the Commonwealth to pay the claimant the proceeds of the sale of the thing if it has been sold before the end of the proceedings; or
 (c) an order for the Commonwealth to pay the claimant the market value of the thing at the time it was disposed of (except by sale) or destroyed, if it has been disposed of (except by sale) or destroyed before the end of the proceedings; or
 (d) a declaration that the thing is not forfeited.

End of proceedings that go to judgment

 (4) For the purposes of subsection (3), if the proceedings go to judgment, they end:
 (a) at the end of the period for lodging an appeal against the judgment, if no appeal is lodged within that period; or
 (b) when the appeal lapses or is finally determined, if an appeal is lodged against the judgment within that period.

Proceedings relating to thing that has been disposed of

 (5) Proceedings relating to the thing may be instituted or continued even if it is disposed of or destroyed.

Order for payment if thing has been disposed of or destroyed

 (6) If the court hearing the proceedings decides that it would have ordered that the thing be delivered to a person apart from the fact that the thing had been disposed of or destroyed, the court must order the Commonwealth to pay the person an amount equal to:
 (a) the proceeds of the sale of the thing, if it has been sold before the end of the proceedings; or
 (b) the market value of the thing at the time it was disposed of (except by sale) or destroyed, if it has been disposed of (except by sale) or destroyed before the end of the