Document ID: chunk:federal_register_of_legislation:C2025C00155:section:206:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 206 (pt 2/3)
Character Range: 1336445–1338985

of the goods).

Engineered stone
 (2C) If:
 (a) goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2); and
 (b) the Comptroller‑General of Customs is satisfied that the goods are engineered stone that is a prohibited import;
the Comptroller‑General of Customs may cause the goods to be dealt with in such manner as the Comptroller‑General considers appropriate (including the destruction of the goods).

Notice
 (3) As soon as practicable, but not later than 7 days after the goods referred to in subsection (1), (1A), (2), (2A), (2B) or (2C) have been dealt with, the Comptroller‑General of Customs must give or publish a notice in accordance with subsection (5).
 (4) 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.
 (5) The notice must:
 (a) identify the goods; and
 (b) state that the goods have been seized under a seizure warrant or under subsection 203B(2) or (2A), 203CA(3) or 203CB(2) and give the reason for the seizure; and
 (c) state that the goods have been dealt with under subsection (1), (1A), (2), (2A), (2B) or (2C) 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 (6).

Right to recover market value of goods
 (6) If goods are dealt with in accordance with subsection (1), (1A), (2), (2A), (2B) or (2C), 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.
 (7) A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1), (1A), (2), (2A), (2B) or (2C) exists if:
 (a) the goods are not special forfeited goods within the meaning of section 205D; and
 (b) the goods were not used or otherwise involved in the commission of an offence; 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.
 (8) If a person establishes a right to recover the market value of the goods at the time