Document ID: chunk:federal_register_of_legislation:C2004A00977:clause:4_209h
Version: federal_register_of_legislation:C2004A00977
Segment Type: clause
Provision Reference: sch 4 cl 209H
Character Range: 31967–33208

209H  Right of compensation for certain goods disposed of or destroyed

 (1) Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because no application for their return was made, a person may apply to a court of competent jurisdiction under this section for compensation.

 (2) A right to compensation exists if:
 (a) the goods are 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 person establishes, to the satisfaction of the court:
 (i) that he or she is the rightful owner of the goods; and
 (ii) that there were circumstances providing a reasonable excuse for the failure to apply for the return of the goods not later than 30 days after the day the seizure notice was served.

 (3) If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to:
 (a) if the goods have been sold—the proceeds of the sale; and
 (b) if the goods have been destroyed or otherwise disposed of—the goods' market value at the time of their destruction or disposal.