Document ID: chunk:federal_register_of_legislation:C2024C00486:section:107fj:p2
Version: federal_register_of_legislation:C2024C00486
Segment Type: section
Provision Reference: s 107FJ (pt 2/2)
Character Range: 237240–238431

in the commission of an offence; and
 (c) the owner of the goods establishes to the satisfaction of the Court that, at the time the goods were dealt with:
 (i) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(i)—the goods were not perishable goods; or
 (ii) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(ii)—the goods met the standards that applied to goods of that kind; or
 (iii) if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(iii)—there was no reasonable likelihood that the goods, if made available to the public, would constitute a risk to public health or public safety.
 (7) If a person establishes a right to recover the market value of the goods at the time they were dealt with, the Court must order the payment by the Commonwealth of an amount equal to that value at that time.
 (8) For the purposes of subsections (1) and (6), a reference to perishable goods is taken to include a reference to goods that will perish unless:
 (a) treated with chemicals to preserve them (for example, goods such as tobacco); or
 (b) stored in special conditions (for example, conditions such as refrigeration).