Exhibited Animals Act 2015

This section applies if—

an inspector has, under this division or a warrant, seized a thing other than an animal; and

the thing has some intrinsic value; and

the owner of the thing has not agreed in writing to transfer ownership of it to the State; and

the thing has not been forfeited under division 6; and

a disposal order has not been made in relation to the thing.

The inspector must return the thing to its owner—

generally—at the end of 6 months after the seizure; or

if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.

Despite subsection (2), the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied—

its continued retention as evidence is no longer required; and

its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and

it is lawful for the person to possess the thing.

If, at the time mentioned in subsection (2), an application has been made for a disposal order in relation to the thing, the inspector must promptly return the thing to its owner if the application—

is withdrawn; or

has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.

Nothing in this section affects a lien or other security over the thing.