Document ID: chunk:federal_register_of_legislation:C2025C00090:section:99zo:p2
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 99ZO (pt 2/2)
Character Range: 498825–500195

she is satisfied that paragraph 99ZI(1)(b) or (c) or (2)(b) or (c) applies to the substances—must return the substances to the exporter or reconsign them for export; and
 (d) if the Chief Executive Medicare decides that he or she is not so satisfied—must seize the substances as forfeited to the Commonwealth.
 (8) Despite the fact that substances are seized under subsection (7) as forfeited to the Commonwealth, the Chief Executive Medicare must, subject to subsection (9) and to any other law of the Commonwealth requiring their retention, destruction or disposal, return the substances to the exporter or reconsign them for export unless:
 (a) not later than 60 days after the seizure, proceedings are commenced in a magistrates court for the condemnation of the substances as forfeited goods; and
 (b) on completion of the proceedings, that court makes an order that the substances are condemned as forfeited to the Commonwealth.
 (9) A court must not make an order for condemnation of substances under subsection (8) if proceedings for an offence involving the substances have been commenced.
 (10) In any proceeding for the condemnation of substances as forfeited to the Commonwealth, a certificate by the Chief Executive Medicare to the effect that the substances are prescription drugs within the meaning of this Division is prima facie evidence of that matter.