FAIR TRADING ACT 2010 - SECT 84
FAIR TRADING ACT 2010 - SECT 84
84 . Seized things, forfeiture of
(1) The Commissioner
may determine that a thing seized under section 79 is forfeited to the State
if the authorised person who seized the thing —
(a)
cannot find its owner, after making reasonable inquiries; or
(b)
cannot return the thing to the owner or other person entitled to possession of
the thing, after making reasonable efforts.
(2) In applying
subsection (1) —
(a)
subsection (1)(a) does not require the authorised person 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 person to make efforts if it
would be unreasonable to make efforts to return the thing to the owner or
other person entitled to possession of the thing.
(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.