Forfeiture of animal for contravention of section 43 order
43AA Forfeiture of animal for contravention of section 43 order
On the application of an officer, a magistrate may order that an animal is forfeited to the Crown if he or she is satisfied that a person has custody of the animal in contravention of an order made under section 43(1) or such an order as varied under section 43(5).
An application for an order under subsection (1) may be made – in conjunction with proceedings for an offence against section 43(7), separately from proceedings for such an offence or orally on a finding of guilt (including a plea of guilty) in proceedings for such an offence; and whether or not proceedings for such an offence have been instituted.
An officer may take possession of and detain a forfeited animal.
A forfeited animal may be disposed of in any manner determined by the Secretary.
In this section – forfeited animal means – a particular animal referred to in an order made under subsection (1) and which is forfeited to the Crown by reason of that order; or if an order is made under subsection (1) which forfeits an animal in the custody of a person to the Crown without referring to a particular animal, the animal in the custody of the person that an officer determines is to be so forfeited in accordance with that order.
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