Health Practitioner Regulation National Law (Queensland)
sch.5-sec.14Forfeiture of seized thing
Start here
Get a plain-English read of sch.5-sec.14
Turn the raw legal text into a practical explanation grounded in Health Practitioner Regulation National Law (Queensland).
sch.5-sec.14 Forfeiture of seized thing
A seized thing is forfeited to the National Agency if the investigator who seized the thing— cannot find its owner, after making reasonable inquiries; or cannot return it to its owner, after making reasonable efforts. In applying subclause (1)— subclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and subclause (1)(b) does not require the investigator to make efforts if it would be unreasonable 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. (sch.5-sec.14-ssec.1) A seized thing is forfeited to the National Agency if the investigator who seized the thing— cannot find its owner, after making reasonable inquiries; or cannot return it to its owner, after making reasonable efforts. (sch.5-sec.14-ssec.2) In applying subclause (1)— subclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and subclause (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sch.5-sec.14-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) cannot find its owner, after making reasonable inquiries; or
- (b) cannot return it to its owner, after making reasonable efforts.
- (a) subclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and
- (b) subclause (1)(b) does not require the investigator to make efforts if it would be unreasonable 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.