Tobacco and Other Smoking Products Act 1998
sec.203Forfeiture of seized things that can not be returned to owner
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sec.203 Forfeiture of seized things that can not be returned to owner
A seized thing is forfeited to the State 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. The owner of the thing has migrated to another country. s 203 ins 2001 No. 20 s 40 amd 2023 No. 16 s 55 (sec.203-ssec.1) A seized thing is forfeited to the State 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.203-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. The owner of the thing has migrated to another country.
- (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. Example for paragraph (b) — The owner of the thing has migrated to another country.