Forfeiture of seized things
178 Forfeiture of seized things
A thing that has been seized under this subdivision and not dealt with or disposed of under section 177 is forfeited to the State if the authorised officer 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 officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and
subsection (1)(b) does not require the officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
Example for subsection (2)(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.
In this section—
owner, of property, includes the person in possession or control of it.
This Act’s bill:Explanatory memorandum
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