Forfeiture of seized things
50 Forfeiture of seized things
A seized thing is forfeited to the State if the authorised person 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 authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and
subsection (1)(b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.
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.
On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.
Without limiting subsection (4), the chief executive may destroy or dispose of the thing.
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