sec.148Forfeiture of seized things

### sec.148 Forfeiture of seized things A seized thing is forfeited to a relevant entity 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. 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. On the forfeiture of the thing to the relevant entity— the thing becomes the relevant entity’s property; and it must be dealt with by the administrator for the relevant entity as the administrator considers appropriate. Without limiting subsection (4) , the administrator for the relevant entity may destroy or dispose of the thing. Despite subsection (5) , the administrator for the relevant entity must not deal with the thing in a way that could prejudice the outcome of an appeal, relevant to the thing, of which the administrator is aware. The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government. The relevant entity for a seized thing is— 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 the chief executive officer of a local government—the local government. s 148 ins 2007 No. 50 s 35 amd 2016 No. 61 s 20 (sec.148-ssec.1) A seized thing is forfeited to a relevant entity 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. (sec.148-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.148-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.148-ssec.4) On the forfeiture of the thing to the relevant entity— the thing becomes the relevant entity’s property; and it must be dealt with by the administrator for the relevant entity as the administrator considers appropriate. (sec.148-ssec.5) Without limiting subsection (4) , the administrator for the relevant entity may destroy or dispose of the thing. (sec.148-ssec.6) Despite subsection (5) , the administrator for the relevant entity must not deal with the thing in a way that could prejudice the outcome of an appeal, relevant to the thing, of which the administrator is aware. (sec.148-ssec.7) The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government. (sec.148-ssec.8) The relevant entity for a seized thing is— 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 the chief executive officer of a local government—the local government. - (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 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) the thing becomes the relevant entity’s property; and - (b) it must be dealt with by the administrator for the relevant entity as the administrator considers appropriate. - (a) if the relevant entity is the State—the chief executive; or - (b) if the relevant entity is a local government—the chief executive officer of the local government. - (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 the chief executive officer of a local government—the local government.