WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 225
Forfeiture by chief executive
WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 225
Forfeiture by chief executive
225 Forfeiture by chief executive
(1) The chief executive may decide a seized thing is forfeited to the State if
an authorised person— (a) after making reasonable inquiries, can not find an
owner; or
(b) after making reasonable efforts, can not return it to an owner;
or
(c) reasonably believes it is necessary to keep the thing to prevent it
being used to commit the offence for which it was seized.
(2) However, the
authorised person is not required to— (a) make inquiries if it would be
unreasonable to make inquiries 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 inquiries or efforts; and
(b) if inquiries or efforts are made—what inquiries or efforts, including
the period over which they are made, are reasonable.
