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VEGETATION MANAGEMENT ACT 1999 - SECT 44
Forfeiture by authorised officer
44 Forfeiture by authorised officer
(1) A thing that has been seized under this subdivision is forfeited to the
State if the authorised officer 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.
(2) In applying subsection (1) —
(a) subsection (1) (a) does not require the authorised officer 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 officer 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 another
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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