Education (Accreditation of Non-State Schools) Act 2017
sec.164Forfeiture of seized things
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sec.164 Forfeiture of seized things
The board may decide a seized thing is forfeited to the board if the authorised person who seized the thing— after making reasonable inquiries, can not find its owner; or after making reasonable efforts, can not return it to its owner. However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find the owner; or make efforts if it would be unreasonable to make efforts to return the thing to its owner. Regard must be had to the thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable. (sec.164-ssec.1) The board may decide a seized thing is forfeited to the board if the authorised person who seized the thing— after making reasonable inquiries, can not find its owner; or after making reasonable efforts, can not return it to its owner. (sec.164-ssec.2) However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find the owner; or make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.164-ssec.3) Regard must be had to the thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable.
- (a) after making reasonable inquiries, can not find its owner; or
- (b) after making reasonable efforts, can not return it to its owner.
- (a) make inquiries if it would be unreasonable to make inquiries to find the owner; or
- (b) make efforts if it would be unreasonable to make efforts to return the thing to its owner.
- (a) whether it is reasonable to make inquiries or efforts; and
- (b) if inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable.