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Police Powers and Responsibilities Act 2000
sec.718Order for forfeiture of particular relevant things
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### sec.718 Order for forfeiture of particular relevant things
The commissioner may order the forfeiture of a relevant thing, after it has been in the possession of the police service for at least 30 days, only if—
the commissioner is satisfied—
the owner of the thing can not be found after reasonable inquiries; or
having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or
The owner of the thing has migrated to another country.
The thing is a small amount of liquor that does not have a high value.
the commissioner is unable, after making reasonable efforts, to return the thing to its owner.
The owner of the thing refuses to take possession of the thing.
At least 30 days before the order for forfeiture is made, the commissioner must give the owner of the relevant thing a written notice stating that unless the thing is claimed, an order for its forfeiture to the State will be made under this section.
If the owner of the relevant thing is not known, the notice may be published on the police service website.
Subsections (2) and (3) do not apply if the cost of giving the notice is more than the value of the relevant thing.
This section does not apply to a relevant thing mentioned in section 719 .
s 718 ins 2000 No. 22 s 25
amd 2006 No. 26 s 76 ; 2014 No. 1 s 37 ; 2020 No. 7 s 45
(sec.718-ssec.1) The commissioner may order the forfeiture of a relevant thing, after it has been in the possession of the police service for at least 30 days, only if— the commissioner is satisfied— the owner of the thing can not be found after reasonable inquiries; or having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or The owner of the thing has migrated to another country. The thing is a small amount of liquor that does not have a high value. the commissioner is unable, after making reasonable efforts, to return the thing to its owner. The owner of the thing refuses to take possession of the thing.
(sec.718-ssec.2) At least 30 days before the order for forfeiture is made, the commissioner must give the owner of the relevant thing a written notice stating that unless the thing is claimed, an order for its forfeiture to the State will be made under this section.
(sec.718-ssec.3) If the owner of the relevant thing is not known, the notice may be published on the police service website.
(sec.718-ssec.4) Subsections (2) and (3) do not apply if the cost of giving the notice is more than the value of the relevant thing.
(sec.718-ssec.5) This section does not apply to a relevant thing mentioned in section 719 .
- (a) the commissioner is satisfied— (i) the owner of the thing can not be found after reasonable inquiries; or (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or Examples for paragraph (a) — 1 The owner of the thing has migrated to another country. 2 The thing is a small amount of liquor that does not have a high value.
- (i) the owner of the thing can not be found after reasonable inquiries; or
- (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or
- 1 The owner of the thing has migrated to another country.
- 2 The thing is a small amount of liquor that does not have a high value.
- (b) the commissioner is unable, after making reasonable efforts, to return the thing to its owner. Example for paragraph (b) — The owner of the thing refuses to take possession of the thing.
- (i) the owner of the thing can not be found after reasonable inquiries; or
- (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or
- 1 The owner of the thing has migrated to another country.
- 2 The thing is a small amount of liquor that does not have a high value.