Queensland Numbered Acts

PLANNING ACT 2016 - SECT 211

211 Forfeiture by chief executive decision

(1) The chief executive may decide a seized thing is forfeited to the State if an inspector—

(a) after making reasonable inquiries, can not find an owner; or

(b) after making reasonable efforts, can not return it to an owner; or

(c) reasonably believes it is necessary to keep the thing to prevent the thing being used to commit the offence for which the thing was seized.

(2) However, the inspector is not required to—

(a) make inquiries if it would be unreasonable to make inquiries to find an owner; or

(b) make efforts if it would be unreasonable to make efforts to return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3) The inspector must consider the thing’s condition, nature and value when deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

(4) If the chief executive decides to forfeit a thing, the chief executive must as soon as practicable give a decision notice about the decision to a person (the
"former owner" ) who owned the thing immediately before the thing was forfeited.

(5) If the decision was made under subsection (1)(a) or (b), the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.

(6) The decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.

(7) However, subsections (4) to (6) do not apply if—

(a) the decision was made under subsection (1)(a) or (b); and

(b) the place where the thing was seized is—

(i) a public place; or

(ii) a place where the notice is unlikely to be read by the former owner.