Electrical Safety Act 2022
172Forfeiture of seized things
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172 Forfeiture of seized things (1) A seized thing is forfeited to the Territory if the Electrical Safety Regulator: (a) cannot find the owner or person entitled to possess it, after making reasonable inquiries; or (b) cannot return it to the owner or person entitled to possess it, after making reasonable efforts; or (c) believes on reasonable grounds that forfeiture is necessary to prevent the thing from being used to commit an offence against this Act. (2) The Electrical Safety Regulator must give a decision notice of any forfeiture under subsection (1)(c) to the owner or person entitled to possess the thing, unless: (a) the Electrical Safety Regulator cannot find the person, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the notice. (3) The decision notice must include a summary of the person's rights of review and applying for a stay of the decision. (4) In deciding what is reasonable under this section, regard must be had to a thing's nature, condition and value. (5) Any costs reasonably incurred by the Territory 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 Territory from the owner of the thing.