sec.32AForfeiture of seized thing to State

sec.32A Forfeiture of seized thing to State

This section applies if— an inspector has seized a thing under section 20 (1) (g) ; and either of the following applies— no appeal against the decision to seize the thing has been made under section 22 ; an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and the thing has not been returned to its owner under section 32 . The chief executive may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries—can not find the owner of the thing; or after making reasonable efforts—can not return the thing to its owner; or reasonably believes it is necessary to keep the thing— to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or to prevent it from being used to commit the offence for which it was seized. However, the inspector 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 The inspector must consider the thing’s condition, nature and value when 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. If the chief executive decides the seized thing is forfeited to the State, the chief executive must give an information notice for the decision to a person (the former owner ) who owned the thing immediately before the thing was forfeited. If the decision was made under subsection (2) (a) or (b) , the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way. The decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision. However, subsections (5) to (7) do not apply if— the decision was made under subsection (2) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner. s 32A ins 2024 No. 17 s 121 (sec.32A-ssec.1) This section applies if— an inspector has seized a thing under section 20 (1) (g) ; and either of the following applies— no appeal against the decision to seize the thing has been made under section 22 ; an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and the thing has not been returned to its owner under section 32 . (sec.32A-ssec.2) The chief executive may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries—can not find the owner of the thing; or after making reasonable efforts—can not return the thing to its owner; or reasonably believes it is necessary to keep the thing— to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or to prevent it from being used to commit the offence for which it was seized. (sec.32A-ssec.3) However, the inspector 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.32A-ssec.4) The inspector must consider the thing’s condition, nature and value when 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.32A-ssec.5) If the chief executive decides the seized thing is forfeited to the State, the chief executive must give an information notice for the decision to a person (the former owner ) who owned the thing immediately before the thing was forfeited. (sec.32A-ssec.6) If the decision was made under subsection (2) (a) or (b) , the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way. (sec.32A-ssec.7) The decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision. (sec.32A-ssec.8) However, subsections (5) to (7) do not apply if— the decision was made under subsection (2) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.