Education (Overseas Students) Act 2018
sec.74Forfeiture by chief executive decision
Start here
Get a plain-English read of sec.74
Turn the raw legal text into a practical explanation grounded in Education (Overseas Students) Act 2018.
sec.74 Forfeiture by chief executive decision
The chief executive may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner. However, the authorised person 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. (sec.74-ssec.1) The chief executive may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner. (sec.74-ssec.2) However, the authorised person 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.74-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.
- (a) after making reasonable inquiries, can not find an owner; or
- (b) after making reasonable efforts, can not return it to an owner.
- (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.