sec.33Forfeiture of seized thing

sec.33 Forfeiture of seized thing

A seized thing 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; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act. Subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner. 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. If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice. Subsection (4) does not apply if— the inspector can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. In deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value. (sec.33-ssec.1) A seized thing 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; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act. (sec.33-ssec.2) Subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner. (sec.33-ssec.3) 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. (sec.33-ssec.4) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice. (sec.33-ssec.5) Subsection (4) does not apply if— the inspector can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.33-ssec.6) In deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.

• (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 keep the thing to prevent it being used to commit an offence against this Act.
• (a) the inspector can not find its owner, after making reasonable inquiries; or
• (b) it is impracticable or would be unreasonable to give the notice.