WATER ACT 2000 - SECT 757F
Forfeiture by authorised officer
WATER ACT 2000 - SECT 757F
Forfeiture by authorised officer
757F Forfeiture by authorised officer
(1) A thing that has been seized under this division 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.
