Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.