Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p34
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 81747–84399

a seizure warrant or under subsection 203B(2) or 203C(2), the owner of the goods may, whether or not a seizure notice has yet been served on the owner, make a claim to the appropriate person for the return of the goods.

"(2) A claim:

    (a) must be in writing in an approved form; and

    (b) must specify the grounds on which the claim is made; and

    (c) if it is made by a person who does not reside or have a place of business in Australia, must:

        (i) appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and

SCHEDULE 4—continued

        (ii) specify the address of the agent for service; and

        (iii) be accompanied by the written consent of the agent signed by the agent, agreeing to act as agent.

"(3) In this section:

'appropriate person' means:

    (a) in relation to goods other than narcotic-related goods:

        (i) the CEO; or

        (ii) a Regional Director for a State or Territory; and

    (b) in relation to narcotic-related goods:

        (i) the Commissioner of Police; or

        (ii) a Deputy Commissioner of Police.

Treatment of goods seized if no claim for return is made

"205C. If:

    (a) goods have been seized under a seizure warrant or under subsection 203B(2) or 203C(2); and

    (b) a seizure notice has been served; and

    (c) at the end of 30 days after the day the notice was served, no claim has been made for return of the goods;

the goods are taken to be condemned as forfeited to the Crown.

Treatment of goods seized if a claim for return is made

"205D.(1) This section applies if:

    (a) goods are seized under a seizure warrant or under subsection 203B(2) or 203C(2); and

    (b) not later than 30 days after the day the seizure notice was served, a claim is made under section 205B for return of the goods.

"(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

    (b) not later than 60 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 60 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

SCHEDULE 4—continued

        (ii)