Last Updated: 1 August 2022

[EXS 73] Notice of seizure to be given73 

73
(1) When goods have been seized as being liable to be forfeited under this Act, then, unless the goods were seized—
  • (a)in the presence of their owner; or
  • (b)in the case of an aircraft or ship, in the presence of the master of the aircraft or ship,

the Comptroller shall serve written notice of the seizure and the reasons for the seizure on the owner of the goods, or, in the case of an aircraft or ship, on the master of the aircraft or ship.

(2) When goods have been seized in the presence of a person coming within the definition of owner for the purposes of this Act, it is not necessary for the Comptroller to give notice of the seizure to that person or to any other person coming within that definition, and a notice given to a person coming within the definition of owner is deemed to be notice to any other persons also coming within that definition.
(3) If in respect of goods seized under this Act no person coming within the definition of owner of those goods is known to the Comptroller, it is not necessary for the Comptroller to give notice of the seizure to any person.
(4) Where the owner of perishable goods or living creatures seized under this Act is not known to the Comptroller, those goods may, at any time after that seizure, be sold in the prescribed manner by the Comptroller, either by public auction or private treaty, and the proceeds of the sale shall be retained by the Comptroller and dealt with as if they were the goods seized.