sec.187EAForfeiture of seized property to prevent commission of particular offences—investigator

### sec.187EA Forfeiture of seized property to prevent commission of particular offences—investigator This section applies if— the seized property was seized in relation to the contravention of a prescribed provision or section 168B , 168C , 169 or 171 ; and the investigator believes on reasonable grounds the property is liquor having a value of less than $50; and the investigator is satisfied it is necessary to retain the property to prevent it being used in the commission of another contravention of a prescribed provision or section 168B , 168C , 169 or 171 . The investigator may exercise the following powers— decide to forfeit the property; destroy or dispose of the property in the way the investigator considers reasonably appropriate. The investigator may empty an opened can of beer found by the investigator being consumed by a person in contravention of section 168B . The investigator may retain a carton of beer found in a person’s possession in contravention of section 171 . If the investigator exercises the power under subsection (2) (a) — the investigator must immediately tell the person who owned the property immediately before its seizure of the forfeiture; and the property is forfeited to, and becomes the property of, the State immediately after the investigator exercises the power; and compensation is not recoverable against any person for the forfeiture. However, subsection (3) (a) does not apply if— the investigator can not find the person, after making reasonable inquiries; or it is impracticable or would be unreasonable to comply with the paragraph. s 187EA ins 2002 No. 47 s 75 amd 2008 No. 30 s 34 (sec.187EA-ssec.1) This section applies if— the seized property was seized in relation to the contravention of a prescribed provision or section 168B , 168C , 169 or 171 ; and the investigator believes on reasonable grounds the property is liquor having a value of less than $50; and the investigator is satisfied it is necessary to retain the property to prevent it being used in the commission of another contravention of a prescribed provision or section 168B , 168C , 169 or 171 . (sec.187EA-ssec.2) The investigator may exercise the following powers— decide to forfeit the property; destroy or dispose of the property in the way the investigator considers reasonably appropriate. The investigator may empty an opened can of beer found by the investigator being consumed by a person in contravention of section 168B . The investigator may retain a carton of beer found in a person’s possession in contravention of section 171 . (sec.187EA-ssec.3) If the investigator exercises the power under subsection (2) (a) — the investigator must immediately tell the person who owned the property immediately before its seizure of the forfeiture; and the property is forfeited to, and becomes the property of, the State immediately after the investigator exercises the power; and compensation is not recoverable against any person for the forfeiture. (sec.187EA-ssec.4) However, subsection (3) (a) does not apply if— the investigator can not find the person, after making reasonable inquiries; or it is impracticable or would be unreasonable to comply with the paragraph. - (a) the seized property was seized in relation to the contravention of a prescribed provision or section 168B , 168C , 169 or 171 ; and - (b) the investigator believes on reasonable grounds the property is liquor having a value of less than $50; and - (c) the investigator is satisfied it is necessary to retain the property to prevent it being used in the commission of another contravention of a prescribed provision or section 168B , 168C , 169 or 171 . - (a) decide to forfeit the property; - (b) destroy or dispose of the property in the way the investigator considers reasonably appropriate. - 1 The investigator may empty an opened can of beer found by the investigator being consumed by a person in contravention of section 168B . - 2 The investigator may retain a carton of beer found in a person’s possession in contravention of section 171 . - (a) the investigator must immediately tell the person who owned the property immediately before its seizure of the forfeiture; and - (b) the property is forfeited to, and becomes the property of, the State immediately after the investigator exercises the power; and - (c) compensation is not recoverable against any person for the forfeiture. - (a) the investigator can not find the person, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to comply with the paragraph.