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BIOSECURITY ACT 2015 - SECT 108
Certification of inability to return seized thing
108 Certification of inability to return seized thing
(1) An authorised officer may certify in writing that the authorised officer
is unable to return a seized thing to its owner if-- (a) the authorised
officer cannot find the owner of the thing after making any inquiries it is
reasonable to make in the circumstances, or
(b) the authorised officer
cannot, for any other reason, return the thing to its owner after making any
efforts to do so that are reasonable to make in the circumstances.
(2) Regard
is to be had to a thing's nature, condition and value in deciding-- (a)
whether it is reasonable to make inquiries or efforts, and
(b) what inquiries
or efforts (if any) are reasonable in the circumstances.
(3) The Secretary
may give directions as to the inquiries or efforts that are to be made by
authorised officers in relation to the return of any seized thing or class of
seized things.
(4) Compliance with any such directions is evidence that all
reasonable inquiries or efforts were made.
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