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ELECTORAL ACT 1992 - SECT 354
Forfeiture by commissioner decision
354 Forfeiture by commissioner decision
(1) The commissioner may decide a seized thing is forfeited to the State if an
authorised officer— (a) after making reasonable inquiries, can not find an
owner; or
(b) after making reasonable efforts, can not return it to an owner.
(2) However, the authorised officer is not required to— (a) make inquiries
if it would be unreasonable to make inquiries to find an owner; or
(b) make
efforts if it would be unreasonable to make efforts to return the thing to an
owner. Example for paragraph (b)— The owner of the thing has migrated to
another country.
(3) Regard must be had to the thing’s condition, nature
and value in deciding— (a) whether it is reasonable to make inquiries or
efforts; and
(b) if inquiries or efforts are made—what inquiries or
efforts, including the period over which they are made, are reasonable.
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