Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 449A

Disposal of seized items if Secretary cannot locate or identify person entitled etc.

  (1)   This section applies to a thing that is seized under this Part   if:

  (a)   apart from this section, the thing is required to be returned or delivered to a person (or reasonable steps are required to be taken for the return or delivery to a person of the thing); and

  (b)   one or more of the following applies:

  (i)   the Secretary is satisfied that reasonable steps have been taken to locate or identify the person, but those steps have not succeeded;

  (ii)   the Secretary is satisfied that reasonable steps have been taken to return or deliver the thing to the person, but those steps have not succeeded;

  (iii)   the Secretary is otherwise satisfied that it is not practicable to return or deliver the thing to the person.

  (2)   The Secretary may dispose of the thing in such manner as the Secretary considers appropriate.


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