sec.187Forfeiture by commissioner decision

sec.187 Forfeiture by commissioner decision

The commissioner may decide a seized thing is forfeited to the State if an authorised officer— 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 authorised officer 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 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. (sec.187-ssec.1) The commissioner may decide a seized thing is forfeited to the State if an authorised officer— 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.187-ssec.2) However, the authorised officer 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.187-ssec.3) Regard must be had to the 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.