61Forfeiture of seized thing

61 Forfeiture of seized thing

(1)  The Secretary may, by order, declare any seized thing to be forfeited to the Crown.

(2)  The Secretary may only make an order under subsection (1) if –

(a) the Secretary is satisfied that the continued retention of the seized thing in custody is not justified; and

(b) the seized thing cannot be returned to its owner.

(3)  For the purposes of subsection (2)(b) , a seized thing cannot be returned to its owner if –

(a) the Secretary is satisfied that it is not lawful for the owner of the seized thing to have possession of the thing; or

(b) an authorised officer certifies in writing, in accordance with section 59 , that the authorised officer is unable to return the seized thing to its owner after making such efforts to do so as are reasonable in the circumstances.

(4)  Before making an order under subsection (1) in respect of a seized thing, the Secretary must give notice of the Secretary’s intention to make such an order in respect of the seized thing.

(5)  A notice under subsection (4) must be –

(a) given at least 21 days before the order is made; and

(b) published on the Department website; and

(c) served on the responsible person for the seized thing.

(6)  However, it is not necessary to serve the notice on the responsible person for the seized thing if an authorised officer has certified in writing that the authorised officer is unable to return the seized thing to its owner.