sec.43Forfeiture of seized things

### sec.43 Forfeiture of seized things A seized thing is forfeited to the State if the chief executive or commissioner— can not find its owner after making reasonable inquiries (given the thing’s value); or is unable, after making reasonable efforts, to return it to its owner; or reasonably believes— possession of the thing is an offence against a transport Act; or it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or the thing is inherently unsafe. If the chief executive or commissioner decides to forfeit a thing under subsection (1) (c) , the chief executive or commissioner must inform the owner of the thing of the decision by written notice. Subsection (2) does not apply if the chief executive or commissioner can not find the owner after making reasonable inquiries (given the thing’s value). The notice must state— the reasons for the decision; and the prescribed review information for the decision. s 43 amd 1997 No. 66 s 118 ; 2009 No. 24 s 1781 (sec.43-ssec.1) A seized thing is forfeited to the State if the chief executive or commissioner— can not find its owner after making reasonable inquiries (given the thing’s value); or is unable, after making reasonable efforts, to return it to its owner; or reasonably believes— possession of the thing is an offence against a transport Act; or it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or the thing is inherently unsafe. (sec.43-ssec.2) If the chief executive or commissioner decides to forfeit a thing under subsection (1) (c) , the chief executive or commissioner must inform the owner of the thing of the decision by written notice. (sec.43-ssec.3) Subsection (2) does not apply if the chief executive or commissioner can not find the owner after making reasonable inquiries (given the thing’s value). (sec.43-ssec.4) The notice must state— the reasons for the decision; and the prescribed review information for the decision. - (a) can not find its owner after making reasonable inquiries (given the thing’s value); or - (b) is unable, after making reasonable efforts, to return it to its owner; or - (c) reasonably believes— (i) possession of the thing is an offence against a transport Act; or (ii) it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or (iii) the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or (iv) the thing is inherently unsafe. - (i) possession of the thing is an offence against a transport Act; or - (ii) it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or - (iii) the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or - (iv) the thing is inherently unsafe. - (i) possession of the thing is an offence against a transport Act; or - (ii) it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or - (iii) the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or - (iv) the thing is inherently unsafe. - (a) the reasons for the decision; and - (b) the prescribed review information for the decision.