Forfeiture of seized things
559 Forfeiture of seized things
A seized thing is forfeited to the State if the investigator who seized the thing—
can not find its owner, after making reasonable inquiries; or
can not return it to its owner, after making reasonable efforts.
In applying subsection (1)—
subsection (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and
subsection (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
Example for paragraph (b)—
The owner of the thing has migrated to another country.
Regard must be had to a thing’s nature, condition and value in deciding—
whether it is reasonable to make inquiries or efforts; and
if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.