# Dealing with claim for thing

> act-s261G — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261G Dealing with claim for thing
          (1) If the thing is claimed under section 261F:
                (a) an officer may retain possession of the thing whether or not
                     any proceedings for the condemnation of the thing have been
                     instituted; and









                 (b) the Minister may give a written order that the thing is not
                     condemned as forfeited; and
                 (c) unless an order has already been made under paragraph (b),
                     the Secretary or Australian Border Force Commissioner may
                     give the claimant a written notice stating that the thing will
                     be condemned as forfeited unless:
                       (i) the claimant institutes proceedings against the
                           Commonwealth within one month to recover the thing,
                           or for a declaration that the thing is not forfeited; or
                      (ii) within one month, the Minister gives a written order that
                           the thing is not condemned as forfeited.
               Note 1:      An officer may retain possession even if the Secretary or Australian
                            Border Force Commissioner does not give notice. If so, the claimant
                            will be able to recover the thing only if a court orders its release to the
                            claimant.
               Note 2:      If the Secretary or Australian Border Force Commissioner does give
                            the notice and the claimant institutes proceedings, whether the
                            claimant recovers the thing will depend on the outcome of the
                            proceedings.

          (2) The Secretary or Australian Border Force Commissioner may give
              the notice to the claimant by posting it prepaid as a letter to the last
              address of the claimant that is known to the Secretary or Australian
              Border Force Commissioner. If the Secretary or Australian Border
              Force Commissioner does so, the letter is taken to be properly
              addressed for the purposes of section 29 of the Acts Interpretation
              Act 1901.
          (3) Subsection (2) does not limit the ways in which the notice may be
              given.
               Note:        Sections 28A and 29 of the Acts Interpretation Act 1901 explain how
                            a notice can be given, and when it is taken to be given.