South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 179

179—Forfeiture of seized things

        (1)         A seized thing is forfeited to the State if the regulator—

            (a)         cannot find the person entitled to the thing after making reasonable inquiries; or

            (b)         cannot return it to the person entitled to it, after making reasonable efforts; or

            (c)         reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act.

        (2)         Subsection (1)(a) does not require the regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.

        (3)         Subsection (1)(b) does not require the regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.

        (4)         If the regulator decides to forfeit the thing under subsection (1)(c), the regulator must tell the person entitled to the thing of the decision by written notice.

        (5)         Subsection (4) does not apply if—

            (a)         the regulator cannot find the person entitled to the thing, after making reasonable inquiries; or

            (b)         it is impracticable or would be unreasonable to give the notice.

        (6)         The notice must state—

            (a)         the reasons for the decision; and

            (b)         that the person entitled to the thing may apply within 28 days after the date of the notice for the decision to be reviewed; and

            (c)         how the person may apply for the review; and

            (d)         that the person may apply for a stay of the decision if the person applies for a review.

        (7)         In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.

        (8)         Any costs reasonably incurred by the State in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the State from that person.

        (9)         In this section—

"person entitled" to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.