# Dealing with seized valuables

> act-s224 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

224 Dealing with seized valuables
          (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.










Division 11—Duties of masters in relation to crews