QLDIn ForceAct
Local Government Act 2009
sec.150CFForfeiture by assessor decision
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### sec.150CF Forfeiture by assessor decision
The assessor may decide a seized thing is forfeited to the State if an investigator—
after making reasonable inquiries, can not find an owner; or
after making reasonable efforts, can not return it to an owner.
However, the investigator 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.
s 150CF ins 2018 No. 8 s 12
(sec.150CF-ssec.1) The assessor may decide a seized thing is forfeited to the State if an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner.
(sec.150CF-ssec.2) However, the investigator 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.150CF-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— 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.