36Release of goods—no application for injunction

36 Release of goods—no application for injunction

(1) The CEO must release seized goods (not being goods forfeited to the Commonwealth under section 35) to their designated owner at the end of the application period unless, within that period, the objector, or one of the objectors, has:

(a) made an application for an injunction under section 43 in relation to the goods; and

(b) given to the CEO written notice of the application.

(2) The CEO must also release the seized goods to their designated owner if, before the end of the application period, the objector, or each of the objectors, has, by written notice given to the CEO, consented to the release of the goods. (3) The CEO may release the seized goods to their designated owner at any time before the end of the application period if:

(a) the CEO, having regard to information that has come to his or her knowledge after the goods were seized, does not have reasonable grounds for believing that section 12 would be contravened by the importation of the goods; and

(b) the objector has not, or none of the objectors has, made an application for an injunction under section 43 in relation to the goods.

Note: In obtaining information for the purposes of this section, the CEO must comply with Principles 1, 2 and 3 in section 14 of the Privacy Act 1988.