sec.255Forfeiture

sec.255 Forfeiture

A thing that has been seized under this part is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If a thing is forfeited because of a decision of the inspector under subsection (1) (c) , the inspector must tell the owner of the decision by written notice. Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. The notice must comply with the QCAT Act , section 157 (2) . Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts are reasonable; or in deciding whether it would be unreasonable to give notice about a thing. s 255 amd 2009 No. 24 s 857 (sec.255-ssec.1) A thing that has been seized under this part is forfeited to the State if the inspector 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; or reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act. (sec.255-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.255-ssec.3) If a thing is forfeited because of a decision of the inspector under subsection (1) (c) , the inspector must tell the owner of the decision by written notice. (sec.255-ssec.4) Subsection (3) does not apply if— the inspector can not find the owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice. (sec.255-ssec.5) The notice must comply with the QCAT Act , section 157 (2) . (sec.255-ssec.6) Regard must be had to a thing’s nature, condition and value— in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts are reasonable; or in deciding whether it would be unreasonable to give notice about a thing.

• (a) can not find its owner, after making reasonable inquiries; or