131Forfeiture, destruction and disposal of seized documents and things

131 Forfeiture, destruction and disposal of seized documents and things

(1) A document or thing seized and retained under this Part is forfeited to the authorised officer or independent investigator who seized it if the authorised officer or independent investigator—

(a) determines it is necessary to retain the document or thing to prevent—

(i) a risk of harm to any person; or

(ii) the commission of an offence against this Act or the regulations; or

(b) cannot find its owner despite making reasonable enquiries; or

(c) cannot return it to the owner despite making reasonable efforts to do so.

(2) Subject to subsection (4), if an authorised officer or independent investigator decides that a document or thing is forfeited under subsection (1)(a), the authorised officer or independent investigator must notify the owner of the document or thing in writing of—

(a) the forfeiture; and

(b) the owner's right to seek a review of the authorised officer's or independent investigator's decision under Subdivision 2 of Division 3 of Part 10.

(3) An authorised officer or independent investigator may cause a forfeited document or thing to be destroyed or otherwise disposed of.

(4) If an authorised officer or independent investigator reasonably believes that a document or thing forfeited under subsection (1)(a) poses a risk of imminent harm to any person, the authorised officer or independent investigator may cause the document or thing to be destroyed or otherwise disposed of—

(a) without delay; and

(b) without prior notice to the owner.

Division 5—Offences relating to obstruction of authorised officers and independent investigators