Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the thing is claimed as described in section 106E:
(a) an officer may retain possession of the thing without starting any proceedings for the condemnation of the goods; and
(b) the CEO may give the claimant a written notice stating that the thing will be condemned if the claimant does not institute proceedings against the Commonwealth within 2 months:
(i) to recover the thing; or
(ii) for a declaration that the thing is not forfeited.
Note 1: An officer may retain possession even if the CEO does not give notice. If so, the claimant will be able to recover the thing only if it is released under section 88 or a court orders its release to the claimant.
Note 2: If the CEO 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 CEO 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 CEO. If the CEO 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.
(4) To avoid doubt, the CEO may give the notice even if the thing has been released under section 88.