Tow Truck Act 2023
sec.109Forfeiture by chief executive decision
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sec.109 Forfeiture by chief executive decision
The chief executive may decide a seized thing is forfeited to the State if the chief executive— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return the thing to an owner; or reasonably believes it is necessary to keep the thing to prevent the thing being used to commit the offence for which it was seized. For subsections (1) (a) and (b) , regard must be had to the thing’s condition, nature and value in deciding what inquiries or efforts, including the period over which they are made, are reasonable. (sec.109-ssec.1) The chief executive may decide a seized thing is forfeited to the State if the chief executive— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return the thing to an owner; or reasonably believes it is necessary to keep the thing to prevent the thing being used to commit the offence for which it was seized. (sec.109-ssec.2) For subsections (1) (a) and (b) , regard must be had to the thing’s condition, nature and value in deciding 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 the thing to an owner; or
- (c) reasonably believes it is necessary to keep the thing to prevent the thing being used to commit the offence for which it was seized.