Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_60d
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 60D
Character Range: 66260–67006

60D  Right of compensation in certain circumstances
 (1) If:
 (a) goods are seized under section 53; and
 (b) the goods are forfeited to the Commonwealth under section 60C;
the owner of the goods may apply to a designated court for compensation.
 (2) On application under subsection (1), the court must order that the Commonwealth pay compensation to the owner of the goods if the court is satisfied that:
 (a) the applicant is the owner of the goods; and
 (b) either:
 (i) Division 1 was not complied with in relation to the seizure of the goods; or
 (ii) the goods were not forfeitable goods.
 (3) The amount of compensation ordered must be the market value of the goods at the time the goods were forfeited.

Subdivision D—General provisions