Document ID: chunk:federal_register_of_legislation:C2008A00074:clause:1_243zn
Version: federal_register_of_legislation:C2008A00074
Segment Type: clause
Provision Reference: sch 1 cl 243ZN
Character Range: 28503–29390

243ZN  Right of compensation in certain circumstances for goods disposed of or destroyed

 (1) Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown under section 243ZK because the penalty specified in an infringement notice was paid, a person may apply to a court of competent jurisdiction under this section for compensation.

 (2) A right to compensation exists if:
 (a) the goods were not prohibited imports; and
 (b) the goods were not used or otherwise involved in the commission of an offence; and
 (c) the person establishes, to the satisfaction of the court, that he or she is the rightful owner of the goods.

 (3) If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to the market value of the goods at the time of their disposal or destruction.