36Disposal of goods forfeited to the Commonwealth

36 Disposal of goods forfeited to the Commonwealth

(1) Seized goods forfeited to the Commonwealth must be disposed of: (a) in the manner prescribed by the rules; or (b) if no manner of disposal is prescribed—as the Comptroller‑General of Customs directs.

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

(2) However, goods forfeited under section 30 must not be disposed of until 30 days after their forfeiture.

Note: If the Comptroller‑General of Customs allows a late claim under section 31 for goods that have been forfeited under section 30, the goods are taken not to have been forfeited.

(3) Subsection (1) does not require the disposal of goods that are required in relation to an application made, or an action brought, under Part 5. Right of compensation in certain circumstances (4) Despite the forfeiture of seized goods to the Commonwealth, a person may apply to a relevant court under this section for compensation for the disposal of the goods. (5) A right to compensation exists if: (a) the use by the person of the protected indicia or images applied to the goods for commercial purposes would not have contravened section 16; and (b) the person establishes, to the satisfaction of the court: (i) that he or she was the owner of the goods immediately before they were forfeited; and (ii) that there were circumstances providing a reasonable excuse for the failure to make a claim for the release of the goods. (6) If a right to compensation exists under subsection (4), the court must order the payment by the Commonwealth to the person of an amount equal to the market value of the goods at the time of their disposal.