Forfeiture by authorised person
475V Forfeiture by authorised person
A sample or thing taken for analysis under section 475N(3)(c) is forfeited to the State if the authorised person who took, or arranged the taking of, the sample or thing—
after making reasonable efforts, can not return it to its owner; or
after making reasonable inquiries, can not find its owner.
For subsection (1), the authorised person is not required—
to make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner; or
to make inquiries if it would be unreasonable to make inquiries to find the owner.
Example for paragraph (b)—
The owner of the sample or thing has migrated to another country.
Regard must be had to the condition, nature and value of the sample or thing in deciding—
whether it is reasonable to make efforts or inquiries; and
if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.
In this section—
owner, of a sample or thing taken for analysis, means the person in charge of the sample or thing or place from which it was taken.
This Act’s bill:Explanatory memorandum
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