Dealing with seized property
44 Dealing with seized property
This section does not apply in relation to a seized animal that is fauna, unless the animal had been lawfully taken.
As soon as practicable after seizing property an inspector must take reasonable steps to notify the owner or a person in charge of the property that it has been seized and of the owner’s rights under subsection (6).
An inspector may retain seized property until required by subsection (5), or by an order under subsection (9) or section 55, to return it to the owner or to dispose of it.
Subject to an order of a court to the contrary, an inspector may return seized property to the owner at any time if the inspector is satisfied —
that no useful purpose will be served by retaining it; and
in the case of an animal, that it will be properly treated and cared for.
Subject to subsection (9), an inspector must return seized property to the owner if —
4 months have elapsed since it was seized and no person has been charged with a relevant offence; or
a charge of a relevant offence has been heard and determined but the court hearing the charge has made no order as to the return or forfeiture of the property.
The owner of seized property may apply to the Magistrates Court for an order that it be returned.
Where an inspector is required by subsection (5) to return seized property to the owner the inspector may apply to the Magistrates Court for an order that the property remain under seizure.
An inspector may apply to the Magistrates Court for an order that the seized property be forfeited to the Crown.
On an application under subsection (6), (7) or (8) a court may —
make the order sought on such terms and conditions as the court thinks fit; or
refuse to make the order.
On an application under subsection (6), (7) or (8) in relation to a seized animal the court must have regard to the welfare, safety and health of the animal.
In this section —
owner, in relation to something that has been seized, means the person from whom the thing was seized or any other person who satisfies the CEO that he or she is entitled to possession of the thing;
relevant offence means an offence under this Act —
if the seized property is an animal, the commission of which affected the welfare, safety or health of the animal; or
if the seized property is not an animal —
the commission of which involved the use of the seized property; or
in respect of the commission of which the seized property may afford evidence.
[Section 44 amended: No. 59 of 2004 s. 141; No. 28 of 2006 s. 354; No. 24 of 2016 s. 310(7).]
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