sec.94Forfeiture of seized things

sec.94 Forfeiture of seized things

The chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts. In applying subsection (1) — subsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and subsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner. Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable. s 94 amd 2019 No. 7 s 69 (sec.94-ssec.1) The chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts. (sec.94-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and subsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner. (sec.94-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

• (a) can not find its owner, after making reasonable inquiries; or
• (b) can not return it to its owner, after making reasonable efforts.
• (a) subsection (1) (a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and
• (b) subsection (1) (b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.
• (a) whether it is reasonable to make inquiries or efforts; and
• (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.