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s 275

Forfeiture by authorised person

In force
Chapter 7Investigation and enforcement
Part 2Powers of authorised persons
Division 5Forfeiture

275 Forfeiture by authorised person

(1)

A thing that has been seized under division 4 is forfeited to the State if the authorised person who seized the thing—

(a)

can not find its owner, after making reasonable inquiries; or

(b)

can not return it to its owner, after making reasonable efforts.

(2)

For subsection (1), the authorised person is not required to—

(a)

make inquiries if it would be unreasonable to make inquiries to find the owner; or

(b)

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.

(3)

Regard must be had to a thing’s nature, condition and value in deciding—

(a)

whether it is reasonable to make inquiries or efforts; and

(b)

if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

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