Document ID: chunk:federal_register_of_legislation:C2021C00527:section:37
Version: federal_register_of_legislation:C2021C00527
Segment Type: section
Provision Reference: s 37
Character Range: 32531–33601

37  Right of compensation in certain circumstances
 (1) The person who owned an emissions‑controlled product forfeited to the Commonwealth under section 36 may apply to one of the following for compensation:
 (a) the Federal Court of Australia;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
 (2) The court must order that the Commonwealth pay compensation to the applicant if the court is satisfied that:
 (a) the applicant owned the product immediately before it was forfeited; and
 (b) either:
 (i) Part 3 of the Regulatory Powers Act, as it applies in relation to this Act, was not complied with in relation to the seizure of the product; or
 (ii) if the product was forfeited under paragraph 36(a)—no provision of Part 3 of this Act was contravened in relation to the product.
 (3) The amount of compensation must be the market value of the product at the time the product was forfeited under section 36.

Division 4—General provisions