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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 126D
Forfeiture of seized things
126D Forfeiture of seized things
(1) A seized thing is forfeited to the State if the authorised person who
seized the thing— (a) can not find its owner, after making reasonable
inquiries; or
(b) can not return it to its owner, after making reasonable
efforts; or
(c) reasonably believes it is necessary to keep the thing to
prevent it being used to commit an offence against this Act or the
Transport Infrastructure Act 1994 , chapter 14 .
(2) In applying subsection
(1) — (a) subsection (1) (a) does not require the authorised person to make
inquiries if it would be unreasonable to make inquiries to find the owner; and
(b) subsection (1) (b) does not require the authorised person to make efforts
if it would be unreasonable to make efforts to return the thing to its owner.
(3) If the authorised person decides it is necessary to keep something under
subsection (1) (c) , the authorised person must immediately give the owner a
statement of the reasons for the decision and an information notice.
(4)
Subsection (3) does not apply if the authorised person can not find the owner,
after making reasonable inquiries.
(5) Regard must be had to the thing’s
nature, condition and value in deciding— (a) whether it would be
unreasonable to make inquiries or efforts under this section; 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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