Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 261G

  (1)   If the thing is claimed under section   261F:

  (a)   an officer may retain possession of the thing whether or not any proceedings for the condemnation of the thing have been instituted; and

  (b)   the Minister may give a written order that the thing is not condemned as forfeited; and

  (c)   unless an order has already been made under paragraph   (b), the Secretary or Australian Border Force Commissioner may give the claimant a written notice stating that the thing will be condemned as forfeited unless:

  (i)   the claimant institutes proceedings against the Commonwealth within one month to recover the thing, or for a declaration that the thing is not forfeited; or

  (ii)   within one month, the Minister gives a written order that the thing is not condemned as forfeited.

Note 1:   An officer may retain possession even if the Secretary or Australian Border Force Commissioner does not give notice. If so, the claimant will be able to recover the thing only if a court orders its release to the claimant.

Note 2:   If the Secretary or Australian Border Force Commissioner does give the notice and the claimant institutes proceedings, whether the claimant recovers the thing will depend on the outcome of the proceedings.

  (2)   The Secretary or Australian Border Force Commissioner may give the notice to the claimant by posting it prepaid as a letter to the last address of the claimant that is known to the Secretary or Australian Border Force Commissioner. If the Secretary or Australian Border Force Commissioner does so, the letter is taken to be properly addressed for the purposes of section   29 of the Acts Interpretation Act 1901 .

  (3)   Subsection   (2) does not limit the ways in which the notice may be given.

Note:   Sections   28A and 29 of the Acts Interpretation Act 1901 explain how a notice can be given, and when it is taken to be given.