s 109
In forceForfeiture by chief executive decision
Part 5Investigation and enforcement
Division 4Seizure by authorised officers and forfeiture
Subdivision 4Forfeiture
109 Forfeiture by chief executive decision
(1)
The chief executive may decide a seized thing is forfeited to the State if the chief executive—
(a)
after making reasonable inquiries, can not find an owner; or
(b)
after making reasonable efforts, can not return the thing to an owner; or
(c)
reasonably believes it is necessary to keep the thing to prevent the thing being used to commit the offence for which it was seized.
(2)
For subsections (1)(a) and (b), regard must be had to the thing’s condition, nature and value in deciding what inquiries or efforts, including the period over which they are made, are reasonable.
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