Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 208

  (1)   This section applies to goods:

  (a)   that have been seized under a seizure warrant; and

  (b)   that are not special forfeited goods; and

  (c)   that are not taken to be forfeited to the Crown under section   205C; and

  (d)   in respect of which proceedings have not yet been brought by the Commonwealth under section   205D.

  (2)   The owner of the goods may apply to a court of summary jurisdiction for an order that the goods be released to the owner on provision to the Comptroller - General of Customs of security for an amount determined by the court in accordance with subsection   (4).

  (3)   In determining whether or not to order the release of the goods on provision of a security, the court may have regard to:

  (a)   the impact that the continued retention of the goods would have on the economic interests of third parties; and

  (b)   whether the continued retention of the goods would prevent the provision of services by third parties which would place at risk the health, safety or welfare of the community; and

  (c)   any other like matters that the court considers relevant.

  (4)   For the purposes of this section, the security to be provided in respect of the goods is security for an amount determined by the court that does not exceed the sum of:

  (a)   the market value of the goods at the time when the order is made; and

  (b)   the costs incurred by the Commonwealth for storage of the goods from the time of their seizure until the time of their release under this section;

reduced by the amount of any duty that has been paid on the goods.

  (5)   If the security is given, the Comptroller - General of Customs is to release the goods to the applicant.