Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a forfeiture notice is given under section 60A in relation to goods (the identified goods ), either of the following persons:
(a) the owner of the goods;
(b) the person from whom the goods were seized;
may apply to a designated court for:
(c) an order that all of the identified goods are not forfeitable goods; or
(d) an order that specified identified goods are not forfeitable goods.
(2) The application must be made within 60 days after forfeiture notice is given.
(3) If a person applies for an order under paragraph (1)(c), the court must:
(a) make the order if it is satisfied that the identified goods are not forfeitable goods; or
(b) refuse to make the order if it is not satisfied that the identified goods are not forfeitable goods.
(4) If a person applies for an order under paragraph (1)(d), the court must:
(a) make the order if it is satisfied that the goods specified in the application are not forfeitable goods; or
(b) refuse to make the order if it is not satisfied that the goods specified in the application are not forfeitable goods.
(5) If the court makes an order under paragraph (3)(a) or (4)(a) in relation to goods, the inspector must take reasonable steps to return the goods to the applicant, unless:
(a) proceedings in respect of which the goods may afford evidence were instituted before the order was made and have not been completed (including an appeal to a court in relation to those proceedings); or
(b) to return the goods could cause an imminent risk of death, serious illness, serious injury or serious damage to the environment; or
(c) an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the goods.