Radiation Safety Act 1999

A seized thing is forfeited to the State if the inspector 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; or

reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act.

Also, a seized thing is forfeited to the State if—

the thing was seized by an inspector under section 127; and

a receipt for the thing was issued under section 132; and

the owner of the thing does not, in the period of 90 days after the seizure, demonstrate to the reasonable satisfaction of an inspector that the radiation hazard stated in the receipt can be managed in a way that ensures no person will receive a radiation dose from the thing higher than the radiation dose limit prescribed under a regulation.

In applying subsection (1)—

subsection (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and

subsection (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

If the inspector makes a decision under subsection (1)(c) or (2), resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision.

Subsection (4) does not apply if—

the inspector can not find the owner, after making reasonable inquiries; or

it is impracticable or would be unreasonable to give the notice.

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; or

in deciding whether it would be unreasonable to give the notice.