# Notice of seizure

> act-s261D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261D Notice of seizure
          (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.