Seizure and forfeiture following noncompliance with notice
46 Seizure and forfeiture following noncompliance with notice
This section applies to an animal if the owner of the animal has refused or failed to comply with a notice under section 40 or 41 and that notice specified that refusal or failure to comply may result in the animal being seized by an authorised officer and forfeited to the Minister in accordance with this section.
If an authorised officer reasonably believes that—
this section applies to an animal; and
it is in the best interests of the animal to take action under this section, the authorised officer may, by written notice to the owner of the animal (the seizure notice), seize the animal.
If the owner of an animal seized under subsection (2)—
has not, within 30 days after the day the seizure notice is given (the
application period), applied under section 55 for a review of the decision to issue the seizure notice; or
has, within the application period, applied for a review of the decision and the decision is confirmed, the animal is forfeited to the Minister by the operation of this subsection.
For the avoidance of doubt—
action may be taken in relation to an animal under this section whether or not the owner of the animal has been charged with, or prosecuted for, or has expiated an alleged offence under this Act in respect of the refusal or failure to comply with a notice; and
nothing in this section affects the ability of an authorised officer to exercise powers under section 45 or the Minister's powers under section 48.
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