Health Ombudsman Act 2013
sec.221Forfeiture by health ombudsman decision
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sec.221 Forfeiture by health ombudsman decision
The health ombudsman may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner. However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. (sec.221-ssec.1) The health ombudsman may decide a seized thing is forfeited to the State if an authorised person— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner. (sec.221-ssec.2) However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country (sec.221-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.
- (a) after making reasonable inquiries, can not find an owner; or
- (b) after making reasonable efforts, can not return it to an owner.
- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or
- (b) make efforts if it would be unreasonable to make efforts to return the thing to an 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 inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.