Seizure and forfeiture of things used in or furnishing evidence of offences
8D Seizure and forfeiture of things used in or furnishing evidence of offences
A forest warden may seize anything that the warden suspects on reasonable grounds—
has been used in the execution or furtherance, or intended execution or furtherance, of an offence against this Act; or
furnishes evidence of the commission of an offence against this Act.
If a living animal is seized under this section, it may be released from captivity.
If anything has been seized under this section and—
proceedings are not instituted for an offence against this Act that is related to the thing seized within three months of its seizure; or
proceedings have been so instituted, but the thing seized is not ordered to be forfeited to the Crown, the person from whom it was seized is entitled to recover it, or, if it has been destroyed or damaged or has deteriorated, to recover from the Minister, by action in any court of competent jurisdiction, compensation for the loss suffered.
A court, on convicting any person of an offence against this Act may, if it thinks fit, in addition to imposing any penalty, order that anything seized under this section that related to the commission of the offence be forfeited to the Crown.
Anything forfeited to the Crown will be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale must be paid into the Consolidated Account.
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