Document ID: chunk:federal_register_of_legislation:C2025C00155:section:229a:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 229A (pt 3/3)
Character Range: 1511635–1513369

this Act specified in subsection (6) and notwithstanding any other provision of this Act:
 (a) where moneys or goods in the possession or under the control of a person are seized under a seizure warrant, a Court in which proceedings are brought for the condemnation or recovery of the moneys or goods shall, if it is satisfied that the moneys or goods were, at the time when they were so seized, owned by another person who, when he or she became the owner of the moneys or goods, did not know, and had no reason to suspect, that the moneys or goods had come into the possession or under the control of the first‑mentioned person in circumstances referred to in subsection (2), direct that the moneys or goods be delivered to that other person; and
 (b) where moneys or goods in the possession or under the control of the licensee of a warehouse are seized under a seizure warrant, a Court in which proceedings are brought for the condemnation or recovery of the moneys or goods shall direct that the moneys or goods be delivered to the licensee if it is satisfied that:
 (i) the moneys came into the possession or under the control of the licensee by reason of his or her storing in the warehouse narcotic goods imported into Australia in contravention of this Act or by reason of his or her selling goods that were acquired by him or her with or out of any such moneys; or
 (ii) the goods were purchased or otherwise acquired by him or her out of moneys that so came into his or her possession or under his or her control;
  as the case may be, and is also satisfied that the licensee did not know that the goods stored in the warehouse were narcotic goods or that they had been imported into Australia in contravention of this Act.