sec.149PForfeiture of seized things

sec.149P Forfeiture of seized things

A seized thing is forfeited to the State if the authorised fire 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. Subsection (1) (a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. In deciding whether and, if so, what inquiries and efforts are reasonable about a thing, regard must be had to the thing’s nature, condition and value. s 149P (prev s 56D) ins 2006 No. 49 s 8 reloc and renum 2024 No. 22 s 37 (2) (sec.149P-ssec.1) A seized thing is forfeited to the State if the authorised fire 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. (sec.149P-ssec.2) Subsection (1) (a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.149P-ssec.3) In deciding whether and, if so, what inquiries and efforts are reasonable 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.