(b) the authorised officer reasonably suspects that the thing is forfeited under section 261A.
(2) If an officer is ordered by an authorised officer to seize a thing under subsection (1), the officer may seize the thing.
Subdivision C—Dealing with things seized as automatically forfeited
261C Application of this Subdivision
This Subdivision sets out rules about a thing that an officer seizes under section 261B.
261D Notice of seizure
(1) The officer must give written notice of the seizure of the thing to the owner of the thing. However, if the owner cannot be identified after reasonable inquiry, the officer must give the notice to the person in whose possession or custody or under whose control the thing was immediately before it was seized.
(2) If the officer cannot conveniently give the notice to the person referred to in subsection (1) in person, the officer may give written notice of the seizure of the thing by fixing the notice to a prominent part of the thing.
(3) The notice must:
(a) identify the thing; and
(b) state that the thing has been seized; and
(c) specify the reason for the seizure; and
(d) state that the thing will be condemned as forfeited unless:
(i) the owner of the thing, or the person who had possession, custody or control of the thing immediately before it was seized, gives the Secretary or Australian Border Force Commissioner, within 21 days, a claim for the thing; or
(ii) within 21 days, the Minister gives a written order that the thing is not to be condemned as forfeited; and
(e) specify the address of the Secretary or Australian Border Force Commissioner.
Note: Section 261F condemns the thing if it is not claimed within 21 days, unless the Minister gives an order that the thing is not to be condemned as forfeited. Section 261H condemns the thing if a claim is made, but the claimant does not get a court order supporting the claim, unless the Minister gives an order that the thing is not to be condemned as forfeited.
(4) A claim under subparagraph (3)(d)(i) must:
(a) be in writing; and
(b) be in English; and
(c) state an address for service on the person making the claim.
261E Dealing with thing before it is condemned
(1) The Secretary or Australian Border Force Commissioner may, on behalf of the Commonwealth, cause the thing to be disposed of or destroyed if:
(a) its custody or maintenance creates serious difficulties; or
(b) the expenses of its custody or maintenance between its seizure and condemnation are likely to be greater than its value.
(2) If the Secretary or Australian Border Force Commissioner causes the thing to be disposed of, the Secretary or Australian Border Force Commissioner may cause the disposal to be subject to specified conditions.
261F Thing condemned if not claimed in time
(1) By force of this subsection, the thing is condemned as forfeited to the Commonwealth 21 days after notice of seizure of the thing has been given under section 261D, unless:
(a) the following conditions are satisfied:
(i) within the 21 days, the owner of the thing or the person who had possession, custody or control of it immediately before it was seized gives the Secretary or Australian Border Force Commissioner a written claim for the thing;
(ii) the claim is in English;
(iii) the claim sets out an address for service on the person making the claim; or
(b) within the 21 days, the Minister gives a written order that the thing is not to be condemned as forfeited.
Note: Section 261I requires things condemned as forfeited to be dealt with in accordance with the Secretary’s directions.
(2) A person may claim the thing even if it is disposed of or destroyed before or after the claim.
261G Dealing with claim for thing
(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.
261H What happens if thing is claimed
(1) This section applies if the Secretary or Australian Border Force Commissioner gives the claimant a notice under section 261G about instituting proceedings:
(a) to recover the thing; or
(b) for a declaration that the thing is not forfeited.
(2) If, within the period of one month after the notice is given:
(a) the claimant does not institute such proceedings; and
(b) the Minister does not give a written order that the thing is not to be condemned as forfeited;
the thing is condemned as forfeited to the Commonwealth immediately after the end of that period.
(3) If the claimant institutes such proceedings within the period of one month after the notice is given, the thing is condemned as forfeited to the Commonwealth unless:
(a) before the end of the proceedings, the Minister gives a written order that the thing is not to be condemned as forfeited; or
(b) at the end of the proceedings, there is:
(i) an order for the claimant to recover the thing; or
(ii) if the thing has been sold or disposed of—an order for the Commonwealth to pay the claimant an amount in respect of the thing; or
(iii) a declaration that the thing is not forfeited.
(4) For the purposes of subsection (3), if the proceedings go to judgment, they end:
(a) if no appeal against the judgment is lodged within the period for lodging such an appeal—at the end of that period; or
(b) if an appeal against the judgment is lodged within that period—when the appeal lapses or is finally determined.
(5) Proceedings relating to the thing may be instituted or continued even if it is disposed of or destroyed.
(6) If the court hearing the proceedings decides that it would have ordered that the thing be delivered to a person apart from the fact that the thing had been disposed of or destroyed, the court may make such orders as the court considers appropriate, including an order that the Commonwealth pay the person an amount equal to:
(a) if the thing has been sold before the end of the proceedings—the proceeds of the sale of the thing, less such costs incurred by the Commonwealth in respect of the thing as the court considers appropriate; or
(b) if the thing has been disposed of (except by sale) or destroyed before the end of the proceedings—the market value of the thing at the time it was disposed of or destroyed, less such costs incurred by the Commonwealth in respect of the thing as the court considers appropriate.
261I Dealing with thing after it is condemned
If the thing is condemned as forfeited to the Commonwealth, the thing must be dealt with or disposed of in accordance with the directions of the Secretary.
Subdivision D—Operation of Division
261J Operation of Division
Sections 260 and 261 do not limit the operation of this Division.
Subdivision E—Minister’s order that a thing not be condemned as forfeited
261K Minister’s order that a thing not be condemned
(1) A power of the Minister under this Division to give a written order that a thing is not to be condemned as forfeited must be exercised by the Minister personally.
(2) The Minister does not have a duty to consider whether to exercise such a power in respect of any thing, whether the Minister is requested to do so by any person, or in any other circumstances.
(3) If the Minister makes an order under this Division that a thing is not to be condemned as forfeited, he or she must cause to be laid before each House of the Parliament a statement that sets out:
(a) the order; and
(b) the Minister’s reasons for making the order.
(4) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the order is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
(b) if the order is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.
Commonwealth Coat of Arms of Australia
Migration Act 1958
No. 62, 1958
Compilation No. 169
Compilation date: 14 March 2026
Includes amendments: Act No. 10, 2026
This compilation is in 2 volumes
Volume 1: sections 1‑261K
Volume 2: sections 262‑507
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 14 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 2—Arrival, presence and departure of persons
Division 14—Recovery of costs from certain persons
262 Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons
263 Secretary or Australian Border Force Commissioner able to issue notice of debt
264 Garnishee notice
265 Debt from failure to comply with garnishee notice
266 Future debts
267 Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts
268 Application of Division to the Crown
Division 14A—Monitoring compliance with student visa conditions
Subdivision A—Preliminary
268AA Definitions
268AB Division binds the Crown
268AD Powers conferred on magistrates in their personal capacity
Subdivision B—Notices requiring information and documents
268BA Production notices
268BB Contents of the production notice
268BC Serving production notices
268BD Attendance notices
268BE Contents of attendance notice
268BF Scales of expenses
268BG Reasonable compensation for giving copies
268BH Offence: failing to comply with a notice
268BI Offence: giving false or misleading information
268BJ Offence: giving false or misleading document
268BK Information and documents that incriminate a person
268BL Copies of documents
268BM Officer may retain documents
268BN Owner of document must be given copy
268BO Retaining documents
268BP Officer may apply to magistrate or ART member for a further period
268BQ Magistrate or ART member may order retention for further period