Document ID: chunk:federal_register_of_legislation:C2021C00527:section:35
Version: federal_register_of_legislation:C2021C00527
Segment Type: section
Provision Reference: s 35
Character Range: 30766–32202

35  Claims for return of seized product
 (1) This section applies if a forfeiture notice is given in relation to an emissions‑controlled product.
 (2) The owner of the product or the person from whom the product was seized may apply to one of the following for an order that the product be returned:
 (a) the Federal Court of Australia;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
 (3) The application must be made within 60 days after the forfeiture notice is given.
 (4) The court must order that the product be returned if:
 (a) an application for the order was made in accordance with this section; and
 (b) the court is satisfied that no provision of Part 3 was contravened in relation to the product.
 (5) If the court orders that the product be returned, the Commonwealth must take reasonable steps to return the product to the applicant.
 (6) Subsection (5) does not apply if:
 (a) proceedings for which the product may provide evidence were instituted before the order was made, and have not been completed (including any appeal); or
 (b) returning the product could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or
 (c) an inspector is otherwise authorised (by a law or an order of a court) to retain, destroy or dispose of the product.