sec.152KForfeiture of seized thing

### sec.152K Forfeiture of seized thing A seized thing is forfeited to the State if the inspection officer who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act. Subsection (1) (a) does not require the inspection officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspection officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If the inspection officer decides to forfeit a thing under subsection (1) (c) , the inspection officer must tell the owner of the decision by written notice. Subsection (3) does not apply if— the inspection officer can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. The written notice must include a notice stating the following— the reasons for the decision; the rights of review under this Act; the period in which the review must be started; how the rights of review are to be exercised; that a stay of the decision may be applied for under this Act. In deciding whether, and if so what, inquiries or 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. s 152K ins 2003 No. 28 s 11 amd 2009 No. 24 s 429 (sec.152K-ssec.1) A seized thing is forfeited to the State if the inspection officer who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act. (sec.152K-ssec.2) Subsection (1) (a) does not require the inspection officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspection officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.152K-ssec.3) If the inspection officer decides to forfeit a thing under subsection (1) (c) , the inspection officer must tell the owner of the decision by written notice. (sec.152K-ssec.4) Subsection (3) does not apply if— the inspection officer can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.152K-ssec.5) The written notice must include a notice stating the following— the reasons for the decision; the rights of review under this Act; the period in which the review must be started; how the rights of review are to be exercised; that a stay of the decision may be applied for under this Act. (sec.152K-ssec.6) In deciding whether, and if so what, inquiries or 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. - (a) can not find its owner after making reasonable inquiries; or - (b) can not return it to its owner, after making reasonable efforts; or - (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act. - (a) the inspection officer can not find its owner, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the notice. - (a) the reasons for the decision; - (b) the rights of review under this Act; - (c) the period in which the review must be started; - (d) how the rights of review are to be exercised; - (e) that a stay of the decision may be applied for under this Act.