Dealing with seized thing
207 Dealing with seized thing
In this section —
deal with includes to preserve, to treat, to sell, to give away, to use and to destroy.
If under section 206 or in the exercise of powers under the CI Act, a wildlife officer seizes a thing and, in the opinion of the wildlife officer, the thing is likely to suffer, deteriorate or perish if no action is taken to deal with it, the wildlife officer may deal with the thing in accordance with the directions of the CEO.
Unless subsection (5) applies, the proceeds of the sale of a thing under subsection (2), after deduction of the expenses of and incidental to the sale, are to be credited to the Consolidated Account.
Subsection (5) applies if —
under section 206 or in the exercise of powers under the CI Act a thing is seized in connection with an offence; and
the thing is sold under subsection (2); and
a decision is subsequently made not to commence a prosecution in respect of the offence or, after the prosecution has been completed, no person is convicted of the offence.
The proceeds of the sale of the thing, after deduction of the expenses of and incidental to the sale, are to be paid to the person entitled to possession of the thing before it was seized.
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