Sale or disposal of animal or thing
98 Sale or disposal of animal or thing
(1) If required or permitted by this Act to deal with an animal or thing under this section, the CEO may do any of the following as the CEO considers appropriate:
sell the animal or thing;
give the animal or thing to a charitable organisation;
if it is of use to the Agency – retain the animal or thing;
(d) if is of use to another Agency – give the animal or thing to that Agency;
(e) if it is not reasonable or practicable to do one of the things mentioned in paragraphs (a) to (d) – destroy the animal or thing.
(2) If an animal or thing is sold under subsection (1)(a), a person issued a reimbursement order under section 101 is entitled to be reimbursed, out of the proceeds of sale, for any seizure and management costs incurred by a person for the animal or thing that have not been reimbursed.
Any balance of the proceeds of sale must be paid:
(a) to the owner or another person who is legally entitled to those proceeds; or
to the Central Holding Authority if:
(i) the CEO is unable to find a person mentioned in paragraph (a) after taking all reasonable steps to do so; or
the animal or thing has been forfeited to the Territory.
(4) However, if a court makes an order for the sale or disposal of the animal or thing or distribution of proceeds in a different way, the CEO must deal with the animal, thing or proceeds in accordance with the order.
This Act’s bill:Explanatory statementSecond reading speech
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