Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 207

  (1)   If:

  (a)   goods are seized:

  (i)   under a seizure warrant; or

  (ii)   under subsection   203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2); or

  (iii)   under section   67 of the Maritime Powers Act 2013 ; and

  (b)   the goods are reasonably believed by the Commissioner of Police or a Deputy Commissioner of Police to be special forfeited goods that are narcotic goods;

the Commissioner or Deputy Commissioner 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 goods are dealt with in accordance with subsection   (1), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

  (3)   A right to recover the market value of the goods at the time they were dealt with in accordance with subsection   (1) exists if:

  (a)   the goods are not special forfeited goods; and

  (b)   the goods were not used or otherwise involved in the commission of an offence; and

  (c)   the owner of the goods establishes, to the satisfaction of the Court, that the circumstances for them to be so dealt with did not exist.

  (4)   If a person establishes a right to recover the market value of the goods at the time they were dealt with in accordance with subsection   (1) or (2), the Court must order the payment by the Commonwealth of an amount equal to that value at that time.