sec.125Forfeiture by council decision

sec.125 Forfeiture by council decision

The council may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return the thing to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country. Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. (sec.125-ssec.1) The council may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return the thing to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. (sec.125-ssec.2) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country. (sec.125-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

• (a) after making reasonable inquiries, can not find an owner; or
• (b) after making reasonable efforts, can not return the thing to an owner; or
• (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.
• (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or
• (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — The owner of the thing has migrated to another country.
• (a) whether it is reasonable to make inquiries or efforts; and
• (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.