sec.133Forfeiture of seized things

### sec.133 Forfeiture of seized things A seized thing is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. Also, a seized thing is forfeited to the State if— the thing was seized by an inspector under section 127 ; and a receipt for the thing was issued under section 132 ; and the owner of the thing does not, in the period of 90 days after the seizure, demonstrate to the reasonable satisfaction of an inspector that the radiation hazard stated in the receipt can be managed in a way that ensures no person will receive a radiation dose from the thing higher than the radiation dose limit prescribed under a regulation. In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector 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 another country. If the inspector makes a decision under subsection (1) (c) or (2) , resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision. Subsection (4) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. 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; or in deciding whether it would be unreasonable to give the notice. (sec.133-ssec.1) A seized thing is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (sec.133-ssec.2) Also, a seized thing is forfeited to the State if— the thing was seized by an inspector under section 127 ; and a receipt for the thing was issued under section 132 ; and the owner of the thing does not, in the period of 90 days after the seizure, demonstrate to the reasonable satisfaction of an inspector that the radiation hazard stated in the receipt can be managed in a way that ensures no person will receive a radiation dose from the thing higher than the radiation dose limit prescribed under a regulation. (sec.133-ssec.3) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector 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 another country. (sec.133-ssec.4) If the inspector makes a decision under subsection (1) (c) or (2) , resulting in the seized thing being forfeited to the State, the inspector must immediately give the owner an information notice for the decision. (sec.133-ssec.5) Subsection (4) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.133-ssec.6) 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; or in deciding whether it would be unreasonable to give the notice. - (a) can not find its owner, after making reasonable inquiries; or - (b) can not return it to its owner, after making reasonable efforts; or - (c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. - (a) the thing was seized by an inspector under section 127 ; and - (b) a receipt for the thing was issued under section 132 ; and - (c) the owner of the thing does not, in the period of 90 days after the seizure, demonstrate to the reasonable satisfaction of an inspector that the radiation hazard stated in the receipt can be managed in a way that ensures no person will receive a radiation dose from the thing higher than the radiation dose limit prescribed under a regulation. - (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and - (b) subsection (1) (b) does not require the inspector 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 another country. - (a) the inspector can not find the owner, after making reasonable inquiries; or - (b) it is impracticable or would be unreasonable to give the notice. - (a) in deciding— (i) whether it is reasonable to make inquiries or efforts; and (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or - (b) in deciding whether it would be unreasonable to give the notice. - (i) whether it is reasonable to make inquiries or efforts; and - (ii) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable; or