sec.413Forfeiture of seized things

### sec.413 Forfeiture of seized things A seized thing is forfeited to the relevant entity if— an authorised person can not find its owner, after making reasonable inquiries; or an authorised person can not return it to its owner, after making reasonable efforts; or for a thing seized under section 405 — an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized. 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. 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. In this section— relevant entity , for a seized thing, means— if the thing was seized by an authorised person appointed by the chief executive—the State; or if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized. (sec.413-ssec.1) A seized thing is forfeited to the relevant entity if— an authorised person can not find its owner, after making reasonable inquiries; or an authorised person can not return it to its owner, after making reasonable efforts; or for a thing seized under section 405 — an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized. (sec.413-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. (sec.413-ssec.3) 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. (sec.413-ssec.4) In this section— relevant entity , for a seized thing, means— if the thing was seized by an authorised person appointed by the chief executive—the State; or if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized. - (a) an authorised person can not find its owner, after making reasonable inquiries; or - (b) an authorised person can not return it to its owner, after making reasonable efforts; or - (c) for a thing seized under section 405 — (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized. - (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or - (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized. - (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or - (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized. - (a) 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 - (b) 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. - (a) whether it is reasonable to make inquiries or efforts; and - (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. - (a) if the thing was seized by an authorised person appointed by the chief executive—the State; or - (b) if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or - (c) if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.