Customs Act 2015 section 22

Damages

Section 22 deals with the limitation of damages and penalties where a court finds that a customs officer had probable cause for seizing or detaining goods, even if the judgment ultimately goes against that officer.

• Where a customs officer loses a civil or criminal case relating to a seizure or detention, the court may certify that there was probable cause for the action taken.
• If probable cause is certified, the plaintiff can only recover the seized item itself or its value — no additional damages or legal costs may be awarded.
• The customs officer or other person who carried out the seizure will not be liable to any punishment or penalty.
• This provision protects officers who act in good faith on reasonable grounds, even where the court ultimately rules the seizure was not justified.