Document ID: chunk:federal_register_of_legislation:C2004A00789:clause:1_107ff:p1
Version: federal_register_of_legislation:C2004A00789
Segment Type: clause
Provision Reference: sch 1 cl 107FF (pt 1/3)
Character Range: 38583–41148

107FF  Treatment of goods seized if a claim for return is made

 (1) This section applies if:
 (a) forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914; and
 (b) not later than 30 days after the day the seizure notice was served, a claim is made under section 107FD for return of the goods.

 (2) The officer in charge of the investigation must, subject to any law of the Commonwealth, a State or a Territory permitting their retention, destruction or disposal, return the goods unless:
 (a) the goods have been dealt with under section 107FJ; or
 (b) each of the following applies:
 (i) not later than 120 days after the claim for their return is made, proceedings in respect of an offence involving the goods have been commenced;
 (ii) on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (c) each of the following applies:
 (i) not later than 120 days after the claim for their return is made, an order permitting the goods to be retained for a specified period has been made under section 107FG;
 (ii) before the end of that specified period, proceedings in respect of an offence involving the goods have been commenced;
 (iii) on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (d) each of the following applies:
 (i) not later than 120 days after the claim for their return is made, an order permitting the goods to be retained for a specified period has been made under section 107FG;
 (ii) before the end of that specified period, proceedings have been commenced before a court of summary jurisdiction for a declaration that the goods are special forfeited goods;
 (iii) on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or
 (e) if the goods were seized as special forfeited goods:
 (i) not later than 120 days after the claim for their return is made, proceedings before a court of summary jurisdiction for a declaration that the goods are special forfeited goods have been commenced; and
 (ii) on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.

 (3) If:
 (a) forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914 have not been dealt with under section 107FJ; and
 (b) proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and
 (c) on completion of the