69Forfeiture

69 Forfeiture (1) A thing (including a sample) taken for analysis or seized under this Part is forfeited to the Territory if the authorised officer who took or arranged the taking of, or seized, the thing: (a) after making reasonable efforts, cannot return it to its owner; or (b) after making reasonable inquiries, cannot find its owner; or (c) considers it necessary to retain the thing to prevent the commission of an offence. (2) If a thing is forfeited under subsection (1)(c), the authorised officer must, unless the officer cannot find its owner after making reasonable inquiries, by notice given to the owner: (a) advise the owner about the forfeiture; and (b) advise the owner how an application may be made under the regulations for a review of the decision to forfeit the thing. (3) For subsections (1) and (2), the authorised officer is not required to make efforts as mentioned in subsection (1)(a) or inquiries as mentioned in subsection (1)(b) or (2) if it would be unreasonable to do so in the circumstances. (4) For subsections (1) to (3), regard must be had to the condition, nature and value of the sample or thing in deciding whether: (a) it is reasonable to make the efforts or inquiries; and (b) if efforts or inquiries are made, what efforts or inquiries, including the period over which they are made, are reasonable. (5) In this section: owner, in relation to a thing taken for analysis, includes the person in charge of: (a) the thing; or (b) the place from which the thing was taken.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 52