Document ID: chunk:federal_register_of_legislation:C2025C00155:section:209:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 209 (pt 2/2)
Character Range: 1348821–1351020

(a) if the goods were found in the course of a search of the baggage of a person who has arrived in Australia from a place outside Australia—an amount specified in the notice, being an amount equal to the amount of that duty that, in the opinion of the officer issuing the notice, the owner has sought to evade; or
 (b) if paragraph (a) does not apply to the goods—an amount specified in the notice, being an amount equal to twice the amount of that duty that, in the opinion of the officer issuing the notice, the owner has sought to evade;
the following provisions apply:
 (c) the Collector shall authorize the delivery of the article or goods to the owner;
 (d) the article ceases, or the goods cease, to be forfeited; and
 (e) proceedings shall not be brought for an offence against this Act in relation to the importation of the article or goods.
 (7) Where the owner of an article or goods identified in a notice served under subsection (5) does not pay duty and penalty in respect of the article or goods in accordance with subsection (6), the article or goods are taken:
 (a) to have been seized under a seizure warrant at the end of 21 days after the notice is served; and
 (b) to have been so seized by the officer who served the notice under subsection (5).
 (9) Neither the Commonwealth nor an officer or other person is under any liability in relation to the impounding of any goods under this section for which there was reasonable cause.
 (10) For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service by post on the owner of goods of a notice under subsection (5), such a notice posted as a letter addressed to the owner at his or her last address known to the officer required to serve the notice shall be deemed to be properly addressed.
 (11) A reference in this section to the baggage of a person who has arrived in Australia shall be read as including a reference to goods on his or her person or otherwise with him or her.
 (12) A reference in this section to a search of the baggage of a person shall be read as including a reference to a search of such part of the baggage of a person as is available for search at a particular time.