TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 43
Forfeiture of seized things
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 43
Forfeiture of seized things
43 Forfeiture of seized things
(1) A seized thing is forfeited to the State if the chief executive or
commissioner—
(a) can not find its owner after making reasonable inquiries
(given the thing’s value); or
(b) is unable, after making reasonable
efforts, to return it to its owner; or
(c) reasonably believes—
(i)
possession of the thing is an offence against a transport Act; or
(ii) it is
necessary to keep the thing to prevent it being used to commit an offence
against a transport Act; or
(iii) the thing does not comply with a transport
Act and can not be repaired or otherwise changed to comply with a transport
Act; or
(iv) the thing is inherently unsafe.
(2) If the chief executive or
commissioner decides to forfeit a thing under subsection (1) (c) , the chief
executive or commissioner must inform the owner of the thing of the decision
by written notice.
(3) Subsection (2) does not apply if the chief executive
or commissioner can not find the owner after making reasonable inquiries
(given the thing’s value).
(4) The notice must state—
(a) the reasons for
the decision; and
(b) the prescribed review information for the decision.