sec.109Forfeiture by authorised person

sec.109 Forfeiture by authorised person

A thing that has been seized under this subdivision is forfeited to the State if the authorised person 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. In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person 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 If the authorised person makes a decision under subsection (1) (c) resulting in the seized thing being forfeited to the State, the authorised person must immediately give the owner an information notice about the decision. Subsection (3) does not apply if— the authorised person 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. (sec.109-ssec.1) A thing that has been seized under this subdivision is forfeited to the State if the authorised person 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.109-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person 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.109-ssec.3) If the authorised person makes a decision under subsection (1) (c) resulting in the seized thing being forfeited to the State, the authorised person must immediately give the owner an information notice about the decision. (sec.109-ssec.4) Subsection (3) does not apply if— the authorised person can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the information notice. (sec.109-ssec.5) 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.