33Forfeiture of seized things

33 Forfeiture of seized things

S. 33(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(1) A thing seized under this Part is forfeited to the State if the Chief Executive of Safe Transport Victoria—

(a) cannot find the person entitled to the thing after making reasonable inquiries; or

(b) cannot return it to the person entitled to it, after making reasonable efforts; or

S. 33(1)(c) amended by No. 41/2019 s. 40.

(c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act or a transport safety law.

S. 33(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(2) Subsection (1)(a) does not require the Chief Executive of Safe Transport Victoria to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.

S. 33(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(3) Subsection (1)(b) does not require the Chief Executive of Safe Transport Victoria to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.

S. 33(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).

(4) If the Chief Executive of Safe Transport Victoria decides to forfeit the thing under subsection (1)(c), the Chief Executive of Safe Transport Victoria must tell the person entitled to the thing of the decision by written notice.

(5) Subsection (4) does not apply if—

S. 33(5)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(a) the Chief Executive of Safe Transport Victoria cannot find the person entitled to the thing after making reasonable inquiries; or

(b) it is impracticable or would be unreasonable to give the notice.

(6) The notice must state—

(a) the reasons for the decision; and

(b) information about the right of review under Part 5.

(7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.

S. 33(8) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).

(8) Any costs reasonably incurred by the Chief Executive of Safe Transport Victoria in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Executive of Safe Transport Victoria from the person entitled.

(9) In this section—

person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.