Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_52f
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 52F
Character Range: 175740–177414

52F  Dealing with claim for thing

 (1) If the thing is claimed as described in section 52E:
 (a) an officer may retain possession of the thing without starting any proceedings for the condemnation of the goods; and
 (b) the Managing Director of AFMA may give the claimant a written notice stating that the thing will be condemned if the claimant does not institute proceedings against the Commonwealth within 2 months:
 (i) to recover the thing; or
 (ii) for a declaration that the thing is not forfeited.

Note 1: An officer may retain possession even if the Managing Director of AFMA does not give notice. If so, the claimant will be able to recover the thing only if it is released under section 52I or a court orders its release to the claimant.

Note 2: If the Managing Director does give the notice and the claimant institutes proceedings, whether the claimant recovers the thing will depend on the outcome of the proceedings.

 (2) The Managing Director of AFMA may give the notice to the claimant by posting it prepaid as a letter to the last address of the claimant that is known to the Managing Director. If the Managing Director does so, the letter is taken to be properly addressed for the purposes of section 29 of the Acts Interpretation Act 1901.

 (3) Subsection (2) does not limit the ways in which the notice may be given.

Note: Sections 28A and 29 of the Acts Interpretation Act 1901 explain how a notice can be given, and when it is taken to be given.

 (4) To avoid doubt, the Managing Director of AFMA may give the notice even if the thing has been released under section 52I.

 (5) A notice under paragraph (1)(b) is not a legislative instrument.