Document ID: chunk:federal_register_of_legislation:C2024C00632:section:52aaa:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 52AAA (pt 1/2)
Character Range: 1058107–1060765

52AAA  Forfeiture of things seized under search warrant in certain circumstances
 (1) If:
 (a) an authorised person seizes a thing under a warrant issued under section 50; and
 (b) the Secretary believes, on reasonable grounds, that:
 (i) the thing has been imported, manufactured or supplied in contravention of this Act or an instrument made under this Act; or
 (ii) the thing has been in the possession, custody or control of a person in contravention of this Act or an instrument made under this Act; or
 (iii) a requirement under this Act, or an instrument made under this Act, has not been complied with in relation to the thing;
the thing is forfeited to the Commonwealth.

Notice of forfeiture
 (2) The Secretary must give a written notice (a forfeiture notice) in accordance with subsection (3) to:
 (a) the owner of the thing; or
 (b) if the owner cannot be identified after reasonable inquiry—the person who had possession, custody or control of the thing immediately before it was seized.
 (3) The forfeiture notice must identify the thing and state the following:
 (a) the day the thing was seized;
 (b) that the thing was seized under a warrant issued under section 50 of this Act and the grounds on which it was seized;
 (c) that the thing is forfeited to the Commonwealth;
 (d) that the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, may, within 2 months beginning on the day the forfeiture notice is given, commence proceedings against the Commonwealth in a court of competent jurisdiction for a declaration that the thing is not forfeited to the Commonwealth.

Proceedings may be commenced for declaration that thing is not forfeited to the Commonwealth
 (4) The owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, may, subject to subsection (5), commence proceedings in a court of competent jurisdiction for a declaration that the thing is not forfeited to the Commonwealth.
 (5) Proceedings:
 (a) may be commenced under subsection (4) even if the forfeiture notice required to be given under subsection (2) in relation to the thing has not yet been given; and
 (b) may only be commenced before the end of the period of 2 months beginning on the day the forfeiture notice is given.

Secretary may retain or dispose of forfeited thing
 (6) If:
 (a) the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, does not, within the period of 2 months beginning on the day the forfeiture notice was given, commence proceedings against the