Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:4_209j
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 4 cl 209J
Character Range: 33476–35882

209J  Immediate disposal of unsafe goods

 (1) If the CEO or a Regional Director for a State or Territory is satisfied that the retention of goods seized would constitute a danger to public health or safety, the CEO or Regional Director may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).

 (2) As soon as practicable, but not later than 7 days after the goods have been dealt with, the CEO or Regional Director concerned must give or publish a notice in accordance with subsection (4).

 (3) The notice must be in writing and must be served:
 (a) personally or by post on the owner of the goods or, if the owner cannot be identified after reasonable inquiry, on the person in whose possession or under whose control the goods were when they were seized; or
 (b) if no person of the kind referred to in paragraph (a) can be identified after reasonable inquiry—by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

 (4) The notice must:
 (a) identify the goods; and
 (b) state that the goods have been seized under a seizure warrant under section 203DA and give the reason for the seizure; and
 (c) state that the goods have been dealt with under subsection (1) and specify the manner in which they have been so dealt with and the reason for doing so; and
 (d) set out the terms of subsection (5).

 (5) If goods are dealt with in accordance with subsection (1), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

 (6) A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) exists if:
 (a) the goods were not goods of the kind mentioned in subsection 203DA(1); and
 (b) the goods were not used or otherwise involved in the commission of an offence against any law of the Commonwealth, a State or a Territory; and
 (c) the owner of the goods establishes, to the satisfaction of the Court, that the circumstances for them to be so dealt with did not exist.

 (7) If a person establishes a right to recover the market value of the goods at the time they were dealt with, the Court must order the payment by the Commonwealth of an amount equal to that value at that time.