Document ID: chunk:federal_register_of_legislation:C2025C00155:section:205b
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 205B
Character Range: 1317868–1319345

205B  Claim for return of goods seized
 (1) Subject to subsections (1A) and (1B), if goods are seized under a seizure warrant or under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2), the owner of the goods may, whether or not a seizure notice has yet been served on the owner, make a claim to the appropriate person for the return of the goods.
 (1A) A claim may not be made for the return of goods that have been taken to be condemned as forfeited to the Crown under subsection 243Y(1).
 (1B) Subsection (1A) ceases to apply in relation to the goods if subsection 243Y(1) ceases to apply in relation to the goods because of the operation of subsection 243Y(4).
 (2) A claim:
 (a) must be in writing in an approved form; and
 (b) must specify the grounds on which the claim is made; and
 (c) if it is made by a person who does not reside or have a place of business in Australia, must:
 (i) appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and
 (ii) specify the address of the agent for service; and
 (iii) be accompanied by the written consent of the agent signed by the agent, agreeing to act as agent.
 (3) In this section:
appropriate person means:
 (a) in relation to goods other than narcotic‑related goods—the Comptroller‑General of Customs; and
 (b) in relation to narcotic‑related goods:
 (i) the Commissioner of Police; or
 (ii) a Deputy Commissioner of Police.