sec.310Forfeiture by administrator decision

### sec.310 Forfeiture by administrator decision The administrator for a relevant entity may decide a seized thing is forfeited to the relevant entity for the seized thing if an authorised officer— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or for a thing seized under section 320 — reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. However, the authorised officer is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government; or if the relevant entity is an invasive animal board—the chairperson of the board. The relevant entity for a seized thing is— if the thing was seized by an authorised officer appointed by the chief executive—the State; or if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or if the thing was seized by an authorised officer appointed by an invasive animal board—the board. (sec.310-ssec.1) The administrator for a relevant entity may decide a seized thing is forfeited to the relevant entity for the seized thing if an authorised officer— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or for a thing seized under section 320 — reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. (sec.310-ssec.2) However, the authorised officer is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country (sec.310-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. (sec.310-ssec.4) The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government; or if the relevant entity is an invasive animal board—the chairperson of the board. (sec.310-ssec.5) The relevant entity for a seized thing is— if the thing was seized by an authorised officer appointed by the chief executive—the State; or if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or if the thing was seized by an authorised officer appointed by an invasive animal board—the board. - (a) after making reasonable inquiries, can not find an owner; or - (b) after making reasonable efforts, can not return it to an owner; or - (c) for a thing seized under section 320 — (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or - (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or - (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or - (d) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. - (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or - (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or - (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or - (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country - (a) whether it is reasonable to make inquiries or efforts; and - (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. - (a) if the relevant entity is the State—the chief executive; or - (b) if the relevant entity is a local government—the chief executive officer of the local government; or - (c) if the relevant entity is an invasive animal board—the chairperson of the board. - (a) if the thing was seized by an authorised officer appointed by the chief executive—the State; or - (b) if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or - (c) if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or - (d) if the thing was seized by an authorised officer appointed by an invasive animal board—the board.