sec.101Removal notice

### sec.101 Removal notice Before seizing and removing the property, and subject to section 102 , the inspector must give a notice in the approved form (a removal notice ) to the person responsible for the property. If the person is not known or can not be found after making reasonable inquiries, the notice must be given by— if practicable, attaching it to the property intended to be seized; and publishing it in a newspaper circulating in the locality where the property is. The notice must include each of the following particulars— that the notice is given under this section; the date the notice is given; a description of the property; where and when the property was found; a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may— seize and remove the property to the place stated in the notice; and dispose of it under section 105 ; a statement to the effect of section 105 ; that the person may apply under part 8 for a review of the decision to give the notice; that the person may apply, as provided under the QCAT Act , to QCAT for a stay of the decision. Subsection (2) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner. Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries; and if making inquiries, what inquiries, including the period over which they are made, are reasonable. s 101 amd 2009 No. 24 s 880 (sec.101-ssec.1) Before seizing and removing the property, and subject to section 102 , the inspector must give a notice in the approved form (a removal notice ) to the person responsible for the property. (sec.101-ssec.2) If the person is not known or can not be found after making reasonable inquiries, the notice must be given by— if practicable, attaching it to the property intended to be seized; and publishing it in a newspaper circulating in the locality where the property is. (sec.101-ssec.3) The notice must include each of the following particulars— that the notice is given under this section; the date the notice is given; a description of the property; where and when the property was found; a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may— seize and remove the property to the place stated in the notice; and dispose of it under section 105 ; a statement to the effect of section 105 ; that the person may apply under part 8 for a review of the decision to give the notice; that the person may apply, as provided under the QCAT Act , to QCAT for a stay of the decision. (sec.101-ssec.4) Subsection (2) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner. (sec.101-ssec.5) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries; and if making inquiries, what inquiries, including the period over which they are made, are reasonable. - (a) if practicable, attaching it to the property intended to be seized; and - (b) publishing it in a newspaper circulating in the locality where the property is. - (a) that the notice is given under this section; - (b) the date the notice is given; - (c) a description of the property; - (d) where and when the property was found; - (e) a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may— (i) seize and remove the property to the place stated in the notice; and (ii) dispose of it under section 105 ; - (i) seize and remove the property to the place stated in the notice; and - (ii) dispose of it under section 105 ; - (f) a statement to the effect of section 105 ; - (g) that the person may apply under part 8 for a review of the decision to give the notice; - (h) that the person may apply, as provided under the QCAT Act , to QCAT for a stay of the decision. - (i) seize and remove the property to the place stated in the notice; and - (ii) dispose of it under section 105 ; - (a) whether it is reasonable to make inquiries; and - (b) if making inquiries, what inquiries, including the period over which they are made, are reasonable.