Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_92
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 92
Character Range: 108065–109294

92  Forfeiture
 (1) A sample or thing taken for analysis or a thing seized under this Part, is forfeited to the Crown if the rail safety officer who took, or arranged the taking of, the sample or thing or who seized the thing—
 (a) after making reasonable efforts, cannot return it to its owner; or
 (b) after making reasonable inquiries, cannot find its owner; or
 (c) considers it necessary to retain the sample or thing to prevent the commission of an offence against this Act or the regulations.
 (2) For purposes of sub‑section (1), the officer is not required to—
 (a) make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner; or
 (b) make inquiries if it would be unreasonable to make inquiries to find the owner.
 (3) In deciding whether—
 (a) it is reasonable to make efforts or inquiries; and
 (b) if efforts or inquiries are made, what efforts or inquiries, including the period over which they are made, are reasonable—
regard must be had to the sample's or thing's condition, nature and value.
 (4) In this section—
owner, in relation to a sample or a thing taken for analysis, includes the person in charge of the thing or place from which the sample or thing was taken.