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EXPLOSIVES ACT 1999 - SECT 94
Forfeiture of seized things
94 Forfeiture of seized things
(1) The chief inspector may decide a seized thing is forfeited to the State if
an inspector or an authorised officer— (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 inspector or authorised 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 inspector
or authorised 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.
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