sec.104Removal notice

### sec.104 Removal notice As soon as practicable after seizing and removing the property, 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 may be given by publishing it in a newspaper circulating throughout the State. 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; where the property was moved to, and when it was moved; a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may 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 person. Regard must be had to a thing’s nature, condition and value when seized 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 104 amd 2009 No. 24 s 881 (sec.104-ssec.1) As soon as practicable after seizing and removing the property, the inspector must give a notice in the approved form (a removal notice ) to the person responsible for the property. (sec.104-ssec.2) If the person is not known or can not be found after making reasonable inquiries, the notice may be given by publishing it in a newspaper circulating throughout the State. (sec.104-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; where the property was moved to, and when it was moved; a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may 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.104-ssec.4) Subsection (2) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the person. (sec.104-ssec.5) Regard must be had to a thing’s nature, condition and value when seized 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) 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) where the property was moved to, and when it was moved; - (f) a day, not less than 28 days after the date of the notice, after which, if no one claims the property, the inspector may dispose of it under section 105 ; - (g) a statement to the effect of section 105 ; - (h) that the person may apply under part 8 for a review of the decision to give the notice; - (i) that the person may apply, as provided under the QCAT Act , to QCAT for a stay of the decision. - (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.