Commonwealth Consolidated Acts

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 60D

  (1)   If:

  (a)   goods are seized under section   49 or 52 of the Regulatory Powers Act; and

  (b)   the goods are forfeited to the Commonwealth under section   60C of this Act;

the owner of the goods may apply to a designated court for compensation.

  (2)   On application under subsection   (1), the court must order that the Commonwealth pay compensation to the owner of the goods if the court is satisfied that:

  (a)   the applicant is the owner of the goods; and

  (b)   either:

  (i)   Part   3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection   52(1) of this Act, was not complied with in relation to the seizure of the goods; or

  (ii)   the goods were not forfeitable goods.

  (3)   The amount of compensation ordered must be the market value of the goods at the time the goods were forfeited.