sec.134Forfeiture of seized things

sec.134 Forfeiture of seized things

A seized thing is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must give the owner an information notice about the decision. Subsection (3) does not apply if— the inspector can not find the owner after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. The information notice must state that the owner may apply for a stay of the decision if the owner appeals against the decision. 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; or in deciding whether it would be unreasonable to give the notice. (sec.134-ssec.1) A seized thing is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (sec.134-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.134-ssec.3) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must give the owner an information notice about the decision. (sec.134-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.134-ssec.5) The information notice must state that the owner may apply for a stay of the decision if the owner appeals against the decision. (sec.134-ssec.6) 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; or in deciding whether it would be unreasonable to give the notice.