Return or disposal orders
99 Return or disposal orders
This section applies if an animal or thing:
is seized under this Act; and
is not forfeited to the Territory; and
has not been sold or disposed of under section 98.
(2) The CEO or a person entitled to the animal or thing may apply to a court to make a return or disposal order.
The order may be made by:
(a) if the person entitled to the animal is a youth and the value of the animal or thing is within its jurisdictional limit – the Youth Justice Court; or
(b) if the value of the animal or thing is within its jurisdictional limit – the Local Court; or
(c) the court hearing any charge for an offence with which the animal or thing is connected; or
in any other case – the Supreme Court .
(4) An order may be made under subsection (3)(a), (b) or (d) whether or not a person is charged with an offence with which the animal or thing is connected.
An order may be made under subsection (3)(c):
(a) as an interim order or on the determination of the proceedings for the offence; and
whether or not a person is found guilty of an offence.
(6) If a person is charged with an offence against this Act with which the animal or thing is connected:
(a) an application for an order may be transferred to the court hearing the charge from another court; and
the court has the jurisdiction to hear and determine the matter.
This Act’s bill:Explanatory statementSecond reading speech
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