Exhibited Animals Act 2015

This section applies if an exhibited animal or other thing is seized under division 4.

The chief executive may decide the animal or other thing is forfeited to the State if—

an inspector—

after making reasonable inquiries, can not find a responsible person for the exhibited animal or the owner of the other thing; or

after making reasonable efforts, can not return the animal or other thing to the responsible person or owner mentioned in subparagraph (i); or

for an exhibited animal or other thing seized in relation to an alleged offence against section 19, an inspector reasonably believes it is necessary to keep the animal or thing to prevent it being used to commit the offence; or

for an exhibited animal seized in relation to an alleged offence against section 85(1), an inspector reasonably believes the animal is the progeny of an authorised animal being exhibited or kept in contravention of the mandatory condition under section 69(1)(k).

For subsection (2)(a)—

the period over which the inquiries or efforts are made must be at least 4 days; and

the inspector is not required to—

make inquiries if it would be unreasonable to make inquiries to find a responsible person for the exhibited animal or the owner of the other thing; or

make efforts if it would be unreasonable to make efforts to return the exhibited animal to the responsible person or other thing to its owner.Example for subparagraph (ii)—The owner of the thing has migrated to another country.

Also, regard must be had to an exhibited animal or other thing’s condition, nature and value in deciding—

whether it is reasonable to make inquiries or efforts; and

if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.