Taxation Administration Act 2001
sec.101Forfeiture of retained thing
Start here
Get a plain-English read of sec.101
Turn the raw legal text into a practical explanation grounded in Taxation Administration Act 2001.
sec.101 Forfeiture of retained thing
A retained thing is forfeited to the State if the commissioner— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts. In applying subsection (1) — subsection (1) (a) does not require the commissioner to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the commissioner 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 a foreign country. 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.101-ssec.1) A retained thing is forfeited to the State if the commissioner— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts. (sec.101-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the commissioner to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the commissioner 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 a foreign country. (sec.101-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.
- (a) can not find its owner, after making reasonable inquiries; or
- (b) can not return it to its owner, after making reasonable efforts.
- (a) subsection (1) (a) does not require the commissioner to make inquiries if it would be unreasonable to make inquiries to find the owner; and
- (b) subsection (1) (b) does not require the commissioner to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — The owner of the thing has migrated to a foreign country.
- (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.