sec.141JForfeiture of seized things

### sec.141J Forfeiture of seized things A seized thing is forfeited to the State if the regulator— can not find the person entitled to the thing after making reasonable inquiries; or can not return it to the person entitled to it, after making reasonable efforts; or reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act. Subsection (1) (a) does not require the regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing. Subsection (1) (b) does not require the regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it. If the regulator decides to forfeit the thing under subsection (1) (c) , the regulator must tell the person entitled to the thing of the decision by written notice. Subsection (4) does not apply if— the regulator can not find the person entitled to the thing, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. The notice must include an information notice for the decision. In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value. Any costs reasonably incurred by the State in storing or disposing of a thing forfeited under subsection (1) (c) may be recovered in a court of competent jurisdiction as a debt due to the State from that person. In this section person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing. Without limiting subsection (1) , if a seized thing is electrical equipment, the thing is forfeited to the State if— the inspector who seized the thing reasonably believes the thing is not electrically safe; and the person entitled to the thing does not require its return. s 141J ins 2011 No. 18 s 379 (sec.141J-ssec.1) A seized thing is forfeited to the State if the regulator— can not find the person entitled to the thing after making reasonable inquiries; or can not return it to the person entitled to it, after making reasonable efforts; or reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act. (sec.141J-ssec.2) Subsection (1) (a) does not require the regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing. (sec.141J-ssec.3) Subsection (1) (b) does not require the regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it. (sec.141J-ssec.4) If the regulator decides to forfeit the thing under subsection (1) (c) , the regulator must tell the person entitled to the thing of the decision by written notice. (sec.141J-ssec.5) Subsection (4) does not apply if— the regulator can not find the person entitled to the thing, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.141J-ssec.6) The notice must include an information notice for the decision. (sec.141J-ssec.7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value. (sec.141J-ssec.8) Any costs reasonably incurred by the State in storing or disposing of a thing forfeited under subsection (1) (c) may be recovered in a court of competent jurisdiction as a debt due to the State from that person. (sec.141J-ssec.9) In this section person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing. (sec.141J-ssec.10) Without limiting subsection (1) , if a seized thing is electrical equipment, the thing is forfeited to the State if— the inspector who seized the thing reasonably believes the thing is not electrically safe; and the person entitled to the thing does not require its return. - (a) can not find the person entitled to the thing after making reasonable inquiries; or - (b) can not return it to the person entitled to it, after making reasonable efforts; or - (c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act. - (a) the regulator can not find the person entitled to the thing, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the notice. - (a) the inspector who seized the thing reasonably believes the thing is not electrically safe; and - (b) the person entitled to the thing does not require its return.