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TAXATION ADMINISTRATION ACT 2001 - SECT 101
Forfeiture of retained thing
101 Forfeiture of retained thing
(1) A retained thing is forfeited to the State if the commissioner— (a) can
not find its owner, after making reasonable inquiries; or
(b) can not return
it to its owner, after making reasonable efforts.
(2) In applying subsection
(1) — (a) subsection (1) (a) does not require the commissioner to make
inquiries if it would be unreasonable to make inquiries to find the owner; and
(b) subsection (1) (b) does not require the commissioner to make efforts if it
would be unreasonable to make efforts to return the thing to its owner.
Example for paragraph (b)— The owner of the thing has migrated to a foreign
country.
(3) Regard must be had to a thing’s nature, condition and value
in deciding— (a) whether it is reasonable to make inquiries or efforts; and
(b) if making inquiries or efforts—what inquiries or efforts, including the
period over which they are made, are reasonable.
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