Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where the Secretary or Australian Border Force Commissioner takes possession of valuables pursuant to subsection 223(5), the provisions of this section have effect.
(2) The Secretary or Australian Border Force Commissioner shall arrange for the valuables to be kept until they are dealt with in accordance with a provision of this section, and shall ensure that all reasonable steps are taken to preserve the valuables while they are so kept.
(3) The Secretary or Australian Border Force Commissioner shall arrange for the valuables to be returned to the person from whom they were taken if:
(a) the authorising notice stops being in force;
(b) the notified detainee:
(i) is granted a visa; or
(ii) stops being a deportee;
(c) the notified detainee is not, when the authorising notice is given, liable to pay an amount to the Commonwealth under section 210 or 212, and does not, within 6 months after the giving of that notice, becomes so liable; or
(d) all amounts that the notified detainee is or becomes liable to pay to the Commonwealth under section 210 or 212 are paid to the Commonwealth.
(4) If, when the Secretary or Australian Border Force Commissioner takes possession of valuables, the notified detainee is liable under section 210 or 212 to pay an amount to the Commonwealth, the Secretary or Australian Border Force Commissioner shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d):
(a) apply the valuables towards the payment of the amount owed to the Commonwealth; and
(b) return any surplus to the person from whom the valuables were taken.
(5) If, while valuables are being kept pursuant to subsection (2), the notified detainee becomes liable under section 210 or 212 to pay an amount to the Commonwealth, the Secretary or Australian Border Force Commissioner shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d):
(a) apply the valuables towards the payment of the amount owed to the Commonwealth; and
(b) return any surplus to the person from whom the valuables were taken.
(6) In this section:
"authorising notice" means the notice pursuant to which the Secretary or Australian Border Force Commissioner took possession of the valuables.
"notified detainee" means the person served with the notice under section 223.