EDUCATION AND CARE SERVICES ACT 2013 - SECT 171 Forfeiture by chief executive decision

EDUCATION AND CARE SERVICES ACT 2013 - SECT 171

171 Forfeiture by chief executive decision

(1) The chief executive may decide a seized thing is forfeited to the State if an authorised officer—

(a) after making reasonable enquiries, 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 enquiries if it would be unreasonable to make enquiries 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 enquiries or efforts; and

(b) if enquiries or efforts are made—what enquiries or efforts, including the period over which they are made, are reasonable.