New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 10.31

10.31 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 Minister 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.