sec.106KForfeiture by commissioner decision

### sec.106K Forfeiture by commissioner decision The commissioner may decide a seized thing is forfeited to the State if an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. However, the investigator is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country Regard must be had to the seized thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. s 106K ins 2017 No. 29 s 22 amd 2017 No. 43 s 294 (1) (sec.106K-ssec.1) The commissioner may decide a seized thing is forfeited to the State if an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. (sec.106K-ssec.2) However, the investigator is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country (sec.106K-ssec.3) Regard must be had to the seized thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. - (a) after making reasonable inquiries, can not find an owner; or - (b) after making reasonable efforts, can not return it to an owner; or - (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized. - (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or - (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country - (a) whether it is reasonable to make inquiries or efforts; and - (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.