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s 152

Forfeiture of seized things

In force
Part 7Investigators
Division 3Particular powers of investigators
Subdivision 5Power to seize evidence

152 Forfeiture of seized things

(1)

A thing that has been seized under this subdivision is forfeited to the board if the investigator 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)

In applying subsection (1)—

(a)

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

(b)

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.

(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 making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.

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