Document ID: chunk:federal_register_of_legislation:C2024C00629:section:37
Version: federal_register_of_legislation:C2024C00629
Segment Type: section
Provision Reference: s 37
Character Range: 46856–48336

37  Court proceedings
 (1) Where:
 (a) a protected object has been seized under this Act; and
 (b) the object is not forfeited by section 36 or by or under this section;
the owner, or the person who had the possession, custody or control of the object immediately before it was seized, may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the object on the ground that the object is not forfeited or liable to be forfeited.
 (2) Where:
 (a) a protected object has been seized on the grounds that it is liable to forfeiture by virtue of subsection 9(2) or 14(1);
 (b) a person brings an action for recovery of the object; and
 (c) the person discontinues the action;
the object is forfeited.
 (3) Where an action is brought for recovery of a protected object, the court shall determine, on a balance of probabilities, whether:
 (a) the object is forfeited by virtue of subsection 9(1); or
 (b) the object is liable to forfeiture by virtue of subsection 9(2) or 14(1);
and the court:
 (c) where paragraph (a) applies—shall reject the claim for recovery;
 (d) where paragraph (b) applies—shall order that the object is forfeited; or
 (e) in any other case—may order the return of the object.
 (4) Where a person is convicted of attempting to export a protected object in contravention of subsection 9(3) or of an offence against subsection 14(2) in relation to a protected object, the court shall order that the object is forfeited.