Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 487ZK

  (1)   If a document is seized under subsection   487ZJ(1), then:

  (a)   the person who gave, presented, produced or provided the document to the official under subsection   487ZI(1); and

  (b)   if that person is not the owner of the document--the owner;

may, subject to paragraph   (2)(b), institute proceedings in a court of competent jurisdiction:

  (c)   to recover the document; or

  (d)   for a declaration that the document is not forfeited.

  (2)   The proceedings:

  (a)   may be instituted even if the seizure notice required to be given under subsection   487ZJ(2) in relation to the document has not yet been given; and

  (b)   may only be instituted before the end of the period specified in the seizure notice.

  (3)   If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.

  (4)   If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:

  (a)   an order for the person or owner to recover the document; or

  (b)   a declaration that the document is not forfeited.

  (5)   For the purposes of subsection   (4), 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.