Document ID: chunk:federal_register_of_legislation:C2004A00932:clause:1_58
Version: federal_register_of_legislation:C2004A00932
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 40578–42475

58  Application for injunction—additional parties, relief etc.

 (1) In this section, a reference to an application for an injunction under section 41 is a reference to such an application made, in relation to seized goods, by a person who is an objector in relation to the goods.

 (2) A prescribed court in which an application for an injunction under section 41 is pending:
 (a) may, on the application of a person having a sufficient interest in the subject matter of the application, allow the person to be joined as a respondent to the application; and
 (b) must allow the CEO to appear and be heard.

 (3) In addition to any relief that the court may grant apart from this section, the court may:
 (a) at any time, if it thinks it just, order that the seized goods be released to their designated owner subject to such conditions (if any) as the court thinks fit; or
 (b) order that the seized goods be forfeited to the Commonwealth.

 (4) If:
 (a) the court decides that an injunction should not be granted under section 41; and
 (b) the designated owner of the goods, or any other respondent, satisfies the court that he or she has suffered loss or damage because the goods were seized;
the court may order the objector to pay to the designated owner or other respondent compensation, in the amount determined by the court, for any part of that loss or damage that is attributable to any period beginning on or after the day on which the application under section 41 was made.

 (5) If, at the end of 20 working days beginning on the day on which the application for an injunction under section 41 was made, there is not in force an order of the court directed at the CEO preventing the goods from being released, the CEO must release the goods to their designated owner.

 (6) If the court orders that the goods be released, the CEO must, subject to section 60, comply with the order.