LEGAL PROFESSION ACT 2007 - SECT 559
Forfeiture of seized things
LEGAL PROFESSION ACT 2007 - SECT 559
Forfeiture of seized things
559 Forfeiture of seized things
(1) A seized thing is forfeited to the State if the investigator 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
investigator to make inquiries if it would be unreasonable to make inquiries
to find the owner; and
(b) subsection (1) (b) does not require the
investigator 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.
