Queensland Consolidated Acts

FOOD ACT 2006 - SECT 193

193 Forfeiture of seized things

(1) A seized thing is forfeited to the relevant entity if the authorised person 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 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 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.

(4) On the forfeiture of a thing to the relevant entity, the thing becomes the entity’s property.

(5) If the thing is forfeited to the State, it may be dealt with by the chief executive as the chief executive considers appropriate.

(6) If the thing is forfeited to a local government, it may be dealt with by the chief executive officer as the chief executive officer considers appropriate.

(7) Without limiting subsections (5) and (6) , the chief executive or chief executive officer may destroy or dispose of the thing.

(8) Despite subsection (7) , the chief executive or chief executive officer must not deal with the thing in a way that could prejudice the outcome of a review under this Act or an appeal of which the chief executive or chief executive officer is aware.

(9) In this section—

"relevant entity" , for a seized thing, means—

(a) if the thing was seized by an authorised person appointed by the chief executive—the State; or

(b) if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or

(c) if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.