QLDIn ForceAct
Marine Parks Act 2004
sec.81Forfeiture of seized things
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### sec.81 Forfeiture of seized things
A thing that has been seized under this subdivision and not disposed of under section 80 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.
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.
The owner of the thing has migrated to another country.
Regard must be had to a thing’s nature, condition and value when seized in deciding—
whether it is reasonable to make inquiries or efforts; and
if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.
In this section—
owner , of property, includes the person in possession or control of it.
(sec.81-ssec.1) A thing that has been seized under this subdivision and not disposed of under section 80 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.
(sec.81-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. The owner of the thing has migrated to another country.
(sec.81-ssec.3) Regard must be had to a thing’s nature, condition and value when seized in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.
(sec.81-ssec.4) In this section— owner , of property, includes the person in possession or control of it.
- (a) can not find its owner after making reasonable inquiries; or
- (b) can not return it to its owner after making reasonable efforts.
- (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. Example for subsection (2) (b) — The owner of the thing has migrated to another country.
- (a) whether it is reasonable to make inquiries or efforts; and
- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.