ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 456AC Retention of non - seizable things contained in seized cages or containers

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 456AC

  (1)   This section applies if:

  (a)   a cage or container is seized under section   456AA because it contains a seizable thing; and

  (b)   the cage or container also contains a thing (a non - seizable thing ) that is not a seizable thing.

  (2)   The non - seizable thing may be retained until it is reasonably practicable to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it).

  (3)   As soon as practicable after the end of the period during which the non - seizable thing may be retained under subsection   (2), the Secretary must cause reasonable steps to be taken to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it).

  (4)   Subsection   (3) does not apply if:

  (a)   the non - seizable thing is forfeited or forfeitable to the Commonwealth; or

  (b)   the non - seizable thing has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the Secretary is not in a position to cause reasonable steps to be taken to return the thing; or

  (c)   the Commonwealth, the Secretary or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the non - seizable thing.