sec.331Forfeiture of things that have been seized

### sec.331 Forfeiture of things that have been seized An article, record or other thing seized under section 329 (1) (f) or (3) (c) is forfeited to the State if the inspector 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 retain the thing to prevent it being used to commit an offence against this Act. Section 359 also deals with forfeiture. In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If the inspector makes a decision under subsection (1) (c) , the inspector must immediately give the owner an information notice for the decision. Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. Regard must be had to the nature, condition and value of an article or other thing (other than a record)— in deciding— whether it is reasonable to make inquiries or efforts for this section; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give notice about the article or other thing. s 331 ins 1999 No. 77 s 137 (sec.331-ssec.1) An article, record or other thing seized under section 329 (1) (f) or (3) (c) is forfeited to the State if the inspector 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 retain the thing to prevent it being used to commit an offence against this Act. Section 359 also deals with forfeiture. (sec.331-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.331-ssec.3) If the inspector makes a decision under subsection (1) (c) , the inspector must immediately give the owner an information notice for the decision. (sec.331-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.331-ssec.5) Regard must be had to the nature, condition and value of an article or other thing (other than a record)— in deciding— whether it is reasonable to make inquiries or efforts for this section; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give notice about the article or other thing. - (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 retain the thing to prevent it being used to commit an offence against this Act. - (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and - (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. - (a) the inspector can not find the owner, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the notice. - (a) in deciding— (i) whether it is reasonable to make inquiries or efforts for this section; and (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or - (i) whether it is reasonable to make inquiries or efforts for this section; and - (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or - (b) in deciding whether it would be unreasonable to give notice about the article or other thing. - (i) whether it is reasonable to make inquiries or efforts for this section; and - (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or