Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p38
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 91504–94125

be, condemned as forfeited to the Crown, the title to the goods immediately vests in the Commonwealth to the exclusion of all other interests in the goods, and the title cannot be called into question.".

32. Sections 206, 207 and 208:

Repeal the sections, substitute:

Immediate disposal of certain goods

"206.(1) If:

    (a) goods are seized under a seizure warrant or under subsection 203B(2); and

    (b) the goods are perishable goods or live animals; and

    (c) the CEO or a Regional Director for a State or Territory is satisfied that the retention of the goods would constitute:

        (i) a danger to public health; or

        (ii) if the goods are live animals—a danger to the health of other animals or a danger to plants or to agricultural produce;

the CEO or Regional Director concerned may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).

"(2) If:

    (a) goods are seized under a seizure warrant or under subsection 203B(2); and

    (b) the goods are a vessel in the possession of an officer of Customs; and

SCHEDULE 4—continued

    (c) the CEO or a Regional Director for a State or Territory is satisfied that the vessel is so unseaworthy that its custody or maintenance is impracticable;

the CEO or Regional Director concerned may cause the goods to be dealt with in such manner as he or she considers appropriate (including the destruction of the goods).

"(3) As soon as practicable, but not later than 7 days after the goods referred to in subsection (1) or (2) have been dealt with, the CEO or Regional Director concerned must give or publish a notice in accordance with subsection (5).

"(4) The notice must be in writing and must be served:

    (a) personally or by post on the owner of the goods or, if the owner cannot be identified after reasonable inquiry, on the person in whose possession or under whose control the goods were when they were seized; or

    (b) if no person of the kind referred to in paragraph (a) can be identified after reasonable inquiry—by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

"(5) The notice must:

    (a) identify the goods; and

    (b) state that the goods have been seized under a seizure warrant or under subsection 203B(2) and give the reason for the seizure; and

    (c) state that the goods have been dealt with under subsection (1) or (2) and specify the manner in which they have been so dealt with and the reason for doing so; and

    (d) set out the terms of subsection (6).

"(6) If goods