Criminal Code Act 1899

A stock disposal order for an animal must—

identify the animal; and

direct the commissioner of the police service to sell the animal—

by auction at market value; or

in another stated way; and

direct that the net proceeds of the sale be paid into the court.

Subsection (3) applies if—

the defendant is acquitted or convicted of the charge with which the animal is connected; or

the prosecution of the defendant in relation to the charge with which the animal is connected is discontinued.

The prosecutor or the defendant may apply for, or the court in which the charge was heard or to be heard may on its own initiative make, an order that the net proceeds of the sale be paid out of the court, in which the proceeds are held, in a stated way.

In deciding how the net proceeds of sale are to be paid out of the court, the court must give priority to any amount owing, immediately before the sale, to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth).

Payment out of court under an order under subsection (3) is stayed—

for 1 month after the making of the order; or

if an appeal against the defendant’s conviction is started, until the end of the appeal.

The appeal court may vary an order made under subsection (3). sch 1 pt 6 div 1 ch 44A ch div 3 s 450EF ins 2014 No. 13 s 14