Food Production (Safety) Act 2000
sec.105Forfeiture by authorised officer
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sec.105 Forfeiture by authorised officer
A thing that has been seized under this subdivision is forfeited to Safe Food if the authorised 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. In applying subsection (1) — subsection (1) (a) does not require the authorised 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 officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country. 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. (sec.105-ssec.1) A thing that has been seized under this subdivision is forfeited to Safe Food if the authorised 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.105-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised 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 officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country. (sec.105-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 authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and
- (b) subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — The owner of the thing has migrated to another country.
- (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.