561Power to forfeit particular things or samples

561 Power to forfeit particular things or samples

561 Power to forfeit particular things or samples

(1) If, under this Chapter, a thing or sample is taken for examination by an authorised officer or a person authorised by an authorised officer, or a thing or sample is seized by an authorised officer, the Regulator may decide it is forfeited to the Regulator if an authorised officer—

(a) after making reasonable inquiries, can not find its owner; or

(b) after making reasonable efforts, can not return it to its owner.

(2) However, the authorised officer is not required to—

(a) make inquiries if it would be unreasonable to make inquiries to find the owner; or

(b) make efforts if it would be unreasonable to make efforts to return the thing or sample to its owner.

Example for the purposes of paragraph (b)—

the owner of the thing or sample has migrated to another country

(3) Regard must be had to the thing’s or sample’s condition, nature and value in deciding—

(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.

(4) A thing or sample seized under this Chapter by a police officer can not be forfeited to the Regulator but must be dealt with under—

(a) the national regulations, except as provided by paragraph (b); or

(b) applicable legislation of the relevant State or Territory.