sec.176Forfeiture

### sec.176 Forfeiture A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice. Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. The notice must comply with the QCAT Act , section 157 (2) . 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 are reasonable; or in deciding whether it would be unreasonable to give notice about a thing. s 176 amd 1999 No. 77 s 210 sch 2 ; 2009 No. 24 s 649 (sec.176-ssec.1) A thing that has been seized under this part is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (sec.176-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.176-ssec.3) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision by written notice. (sec.176-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.176-ssec.5) The notice must comply with the QCAT Act , section 157 (2) . (sec.176-ssec.6) 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 are reasonable; or in deciding whether it would be unreasonable to give notice about a thing. - (a) can not find its owner, after making reasonable inquiries; or - (b) can not return it to its owner, after making reasonable efforts; or - (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. - (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and - (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. - (a) the inspector can not find the owner, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the notice. - (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or - (b) in deciding whether it would be unreasonable to give notice about a thing. - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts—what inquiries or efforts are reasonable; or