Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 148

148 Forfeiture

(1) A thing that has been seized under this subdivision is forfeited to the State if the 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 officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and

(b) subsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.

(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.