34Forfeiture or release of seized goods—by court following application for injunction

34 Forfeiture or release of seized goods—by court following application for injunction

(1) If an objector in relation to seized goods applies for an injunction under section 45, the court may: (a) at any time, if it thinks it just, order that the seized goods be released to the designated owner subject to such conditions (if any) as the court thinks fit; or (b) order that the seized goods be forfeited to the Commonwealth. (2) The court may order the objector to pay compensation to the designated owner or any other respondent if: (a) the court decides that the injunction should not be granted; and (b) the designated owner or the respondent satisfies the court that he or she has suffered loss or damage because the goods were seized. (3) The amount of compensation determined by the court must compensate the owner or respondent for any part of the loss or damage that is attributable to any period beginning on or after the day on which the application was made. (4) If the court orders that the goods be released, the Comptroller‑General of Customs must comply with the order.

Note: Section 37 (power of Comptroller‑General of Customs to retain control of goods) provides an exception to the rule in this subsection.

(5) In hearing the application, the court: (a) may allow another person to join the application as a respondent if: (i) the person applies to be joined; and (ii) the person has sufficient interest in the subject‑matter of the application; and (b) must allow the Comptroller‑General of Customs to appear and be heard. (6) Subsection (1) applies in addition to any relief that the court may grant apart from this section.