# Thing condemned if not claimed in time

> act-s261F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261F Thing condemned if not claimed in time
          (1) By force of this subsection, the thing is condemned as forfeited to
              the Commonwealth 21 days after notice of seizure of the thing has
              been given under section 261D, unless:
                (a) the following conditions are satisfied:
                      (i) within the 21 days, the owner of the thing or the person
                          who had possession, custody or control of it
                          immediately before it was seized gives the Secretary or
                          Australian Border Force Commissioner a written claim
                          for the thing;
                     (ii) the claim is in English;
                    (iii) the claim sets out an address for service on the person
                          making the claim; or
                (b) within the 21 days, the Minister gives a written order that the
                    thing is not to be condemned as forfeited.
               Note:        Section 261I requires things condemned as forfeited to be dealt with
                            in accordance with the Secretary’s directions.

          (2) A person may claim the thing even if it is disposed of or destroyed
              before or after the claim.