New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 73

73 Forfeiture of things taken

(1) A thing taken under section 60 is forfeited to the State if the inspector who took the thing:

(a) cannot find its owner after making reasonable inquiries, or

(b) cannot return it to its owner, after making reasonable efforts, or

(c) reasonably believes it is necessary to retain the thing to prevent it being used to commit an offence against this Act or the regulations.

(2) Subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

(3) If the inspector decides to forfeit a thing under subsection (1) (c), the inspector must tell the owner of the decision by written notice.

(4) Subsection (3) does not apply if:

(a) the inspector cannot find its owner, after making reasonable inquiries, or

(b) it is impracticable or would be unreasonable to give the notice.

(5) The notice must state:

(a) the reasons for the decision, and

(b) that the owner may apply within 28 days for the decision to be reviewed by WorkCover, and

(c) how the owner may apply for the review, and

(d) that the owner may apply for a stay of the decision if the owner applies for a review.

Division 4 of Part 6 applies to the notice in the same way as it applies to a prohibition notice.

(6) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.