ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 121
Confiscation and forfeiture
ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 121
Confiscation and forfeiture
121.(1) If a court convicts a person of an offence against this Act, the court
may order the forfeiture to the Commonwealth of any vehicle, aircraft, vessel
or article used or otherwise involved in the commission of the offence.
(2) In considering whether it is appropriate to make such an order in respect
of a vehicle, aircraft, vessel or article, the court may have regard to:
(a) any hardship that may reasonably be expected to be caused to any
person by the operation of such an order; and
(b) the use that is ordinarily made, or was intended to be made, of the
vehicle, aircraft, vessel or article; and
(c) the gravity of the offence concerned.
(3) An officer may:
(a) seize any vehicle, aircraft, vessel or article that the officer
reasonably believes to have been used or otherwise involved in the
commission of an offence against this Act; and
(b) retain it until:
(i) the end of the period of 60 days after the seizure; or
(ii) if proceedings for an offence against this Act in the
commission of which it may have been used or otherwise involved
are instituted within that period-the proceedings (including
any appeal to a court in relation to those proceedings) are
completed.
(4) The Director may authorise a vehicle, aircraft, vessel or article seized
under subsection (3) to be released to its owner, or to the person from whose
possession it was seized, either:
(a) unconditionally; or
(b) on such conditions as the Director thinks fit, including conditions as
to giving security for payment of its value if it is forfeited.
(5) A vehicle, aircraft, vessel or article forfeited under this section may be
sold or otherwise disposed of as the Director thinks fit.
(6) An officer may seize:
(a) any animal or plant that the officer reasonably believes to have been
killed or taken in contravention of this Act; or
(b) any animal or plant that the officer reasonably believes to have been
used or otherwise involved in the commission of an offence against
this Act.
(7) If an animal or plant has been seized under subsection (6), the Director
may cause it to be:
(a) retained; or
(b) sold or otherwise disposed of.
(8) If an animal or plant seized under subsection (6) was not killed or taken
in contravention of this Act or used or otherwise involved in the commission
of an offence against this Act, any person who has suffered loss or damage
because of the seizure is entitled to reasonable compensation.