sec.773Forfeiture of seized things

### sec.773 Forfeiture of seized things The CEO or the chief inspector may decide to forfeit a thing seized under this Act if the inspector or authorised officer (safety and health) (the seizing officer ) 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; or reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or reasonably considers it has no intrinsic value and use. The chief executive may decide to forfeit a thing seized under this Act if the authorised officer (general) (also the seizing officer ) 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; or reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or reasonably considers it has no intrinsic value and use. For subsections (1) and (2) — the period over which the efforts or enquires are made must be at least 5 business days; and the seizing officer is not required to— make efforts if it would be unreasonable to make efforts to return the thing to its owner; or make inquiries if it would be unreasonable to make inquiries to find the owner. If the CEO or chief inspector decides under subsection (1) (c) , (d) or (e) to forfeit a thing, or the chief executive decides under subsection (2) (c) , (d) or (e) to forfeit a thing, the former owner of the thing immediately before the forfeiture must be given an information notice about the decision. Subsection (4) does not apply if— the seizing officer can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the information notice. 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, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give the information notice. s 773 amd 2020 No. 10 s 139 sch 2 ; 2020 No. 23 s 55Q (retro) (sec.773-ssec.1) The CEO or the chief inspector may decide to forfeit a thing seized under this Act if the inspector or authorised officer (safety and health) (the seizing officer ) 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; or reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or reasonably considers it has no intrinsic value and use. (sec.773-ssec.2) The chief executive may decide to forfeit a thing seized under this Act if the authorised officer (general) (also the seizing officer ) 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; or reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or reasonably considers it has no intrinsic value and use. (sec.773-ssec.3) For subsections (1) and (2) — the period over which the efforts or enquires are made must be at least 5 business days; and the seizing officer is not required to— make efforts if it would be unreasonable to make efforts to return the thing to its owner; or make inquiries if it would be unreasonable to make inquiries to find the owner. (sec.773-ssec.4) If the CEO or chief inspector decides under subsection (1) (c) , (d) or (e) to forfeit a thing, or the chief executive decides under subsection (2) (c) , (d) or (e) to forfeit a thing, the former owner of the thing immediately before the forfeiture must be given an information notice about the decision. (sec.773-ssec.5) Subsection (4) does not apply if— the seizing officer can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the information notice. (sec.773-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, including the period over which they are made, are reasonable; or in deciding whether it would be unreasonable to give the information notice. - (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; or - (d) reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or - (e) reasonably considers it has no intrinsic value and use. - (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; or - (d) reasonably considers it is dangerous to the extent that, to ensure safety, it must be destroyed; or - (e) reasonably considers it has no intrinsic value and use. - (a) the period over which the efforts or enquires are made must be at least 5 business days; and - (b) the seizing officer is not required to— (i) make efforts if it would be unreasonable to make efforts to return the thing to its owner; or (ii) make inquiries if it would be unreasonable to make inquiries to find the owner. - (i) make efforts if it would be unreasonable to make efforts to return the thing to its owner; or - (ii) make inquiries if it would be unreasonable to make inquiries to find the owner. - (i) make efforts if it would be unreasonable to make efforts to return the thing to its owner; or - (ii) make inquiries if it would be unreasonable to make inquiries to find the owner. - (a) the seizing officer can not find the owner, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the information 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, including the period over which they are made, are reasonable; or - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or - (b) in deciding whether it would be unreasonable to give the information notice. - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable; or