Fair Trading Act 2010

The Commissioner may determine that a thing seized under section 79 is forfeited to the State if the authorised person who seized the thing —

cannot find its owner, after making reasonable inquiries; or

cannot return the thing to the owner or other person entitled to possession of the thing, 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 the owner or other person entitled to possession of the thing.

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.