Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p40
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 96231–98862

not exist.

"(4) If a person establishes a right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) or (2), the Court must order the payment by the Commonwealth of an amount equal to that value at that time.

Release of goods on security

"208.(1) This section applies to goods:

    (a) that have been seized under a seizure warrant; and

    (b) that are not special forfeited goods; and

    (c) that are not taken to be forfeited to the Crown under section 205C; and

    (d) in respect of which proceedings have not yet been brought by the Commonwealth under section 205D.

SCHEDULE 4—continued

"(2) The owner of the goods may apply to a court of summary jurisdiction for an order that the goods be released to the owner on provision to the CEO of security for an amount determined by the court in accordance with subsection (4).

"(3) In determining whether or not to order the release of the goods on provision of a security, the court may have regard to:

    (a) the impact that the continued retention of the goods would have on the economic interests of third parties; and

    (b) whether the continued retention of the goods would prevent the provision of services by third parties which would place at risk the health, safety or welfare of the community; and

    (c) any other like matters that the court considers relevant.

"(4) For the purposes of this section, the security to be provided in respect of the goods is security for an amount determined by the court that does not exceed the sum of:

    (a) the market value of the goods at the time when the order is made; and

    (b) the costs incurred by Customs for storage of the goods from the time of their seizure until the time of their release under this section;

reduced by the amount of any duty that has been paid on the goods.

"(5) If the security is given, the CEO is to release the goods to the applicant.".

33. Sections 208A and 208B:

Repeal the sections.

34. Section 208C:

Omit "notice under subsection 205(2) or paragraph 208A(1)(b)", substitute "seizure notice under section 205 or a notice under subsection 206(3)".

35. Section 208D:

Omit "under section 203 that are condemned, or deemed under subsection 205(6) or (7) or subsection 208A(2) to be condemned, as forfeited to the Crown", substitute "under a seizure warrant or under subsection 203B(2) or 203C(2) that are taken to be condemned as forfeited to the Crown under section 205C or that are so condemned under section 205D".

36. Subsection 208DA(1) (definition of "condemned goods"):

Omit the definition, substitute: