Commonwealth Numbered Acts

WILDLIFE PROTECTION (REGULATION OF EXPORTS AND IMPORTS) ACT 1982 No. 149 of 1982 - SECT 69

69. (1) Where a court convicts a person of an offence against this Act or the
regulations, the court may order the forfeiture to the Commonwealth of any
specimen (including a specimen that has been seized under sub-section (2))
used or otherwise involved in the commission of the offence.

(2) An inspector may seize any specimen that he believes on reasonable grounds
has been used or otherwise involved in the commission of an offence
against this Act or the regulations and may retain the specimen until the
expiration of a period of 60 days after the seizure, or, if-

   (a)  proceedings for an offence against this Act or the regulations in the
        commission of which the specimen may have been used or otherwise
        involved are instituted within that period; or

   (b)  an action referred to in sub-section (5) is brought in relation to the
        specimen,
until those proceedings, that action, or those proceedings and that action, as
the case requires, is or are terminated.

(3) Subject to sub-section (4), where a specimen is seized by an inspector
under sub-section (2), he shall, as soon as is practicable, serve on the owner
of the specimen or the person who had possession, custody or control of the
specimen immediately before it was seized a notice in writing-

   (a)  identifying the specimen;

   (b)  stating that it has been seized under sub-section 69 (2) and
        specifying the reason for the seizure; and

   (c)  setting out the terms of sub-section (5).

(4) An inspector is not required to serve a notice under sub-section (3) in
relation to a specimen if-

   (a)  after making such inquiries as he thinks appropriate, he does not,
        within 20 days after the specimen was seized, have sufficient
        information to enable him to serve the notice; or

   (b)  the Minister is required to serve a notice under sub-section 70 (2).

(5) Where a specimen is seized under sub-section (2), the owner of the
specimen may, within 30 days after the seizure, or, where a notice is served
under sub-section (3) in relation to the specimen, within 30 days after the
service, bring an action against the Commonwealth in a court of competent
jurisdiction for the delivery of the specimen to him on the ground that the
specimen was not used or otherwise involved in the commission of an offence
against this Act or the regulations, and-

   (a)  where the owner of the specimen does so-

        (i)    if the court finds that the specimen was used or otherwise
               involved in the commission of the offence-the court shall order
               the specimen to be forfeited to the Commonwealth; or

        (ii)   if the action is discontinued by the owner otherwise than by
               reason that the specimen has been delivered to him, forfeited
               to the Commonwealth or disposed of under sub-section 70 (1)-the
               specimen is forfeited to the Commonwealth; or

   (b)  where the owner of the specimen does not do so and, within the period
        of 60 days after the seizure, none of the following events occurs:

        (i)    proceedings are instituted for an offence against this Act or
               the regulations in the commission of which the specimen is
               alleged to have been used or otherwise involved;

        (ii)   the specimen is delivered to the owner;

        (iii)  the specimen is disposed of under sub-section 70 (1),

the specimen is forfeited to the Commonwealth.

(6) In any action in a court brought under sub-section (5), the court may find
that a person committed an offence if, and only if-

   (a)  in the case of a person who has been tried for the offence-the person
        has been convicted of the offence; or

   (b)  in any other case-the court is satisfied beyond reasonable doubt that
        the person committed the offence.

(7) A specimen forfeited to the Commonwealth by virtue of this section becomes
the property of the Commonwealth and, subject to sub-section (8), shall be
dealt with and disposed of in accordance with the directions of the Minister.

(8) A specimen shall not be dealt with under this section in any way that
would result in the specimen becoming an object of trade.

(9) Where a person has been convicted of an offence in which a specimen that
has been seized under sub-section (2) was used, any costs in relation to the
custody of the specimen (including any costs of transporting or disposing of
the specimen and, in the case of a specimen that is a live animal or a
live plant, any costs of maintaining the animal or plant) are a debt due by
the person to the Commonwealth, and the Commonwealth may recover the amount of
the costs by action in a court of competent jurisdiction.

(10) For the purposes of this section, where a live animal or a live plant has
been used or otherwise involved in the commission of an offence
against this Act or the regulations, any progeny of that animal or plant in
the possession of the person who committed the offence shall be taken to be a
specimen that was used or otherwise involved in the commission of that
offence.

(11) Where an inspector is authorized under this section to retain a specimen
he may do so by causing the specimen to be taken to, and kept at, a place
approved by the Designated Authority for the purpose of keeping specimens
seized under this section.

(12) For the purposes of this section, proceedings or an action shall not be
taken to have been terminated unless and until any appeal to a court in
relation to the proceedings or action has been terminated.
         (13) In this section, ''specimen'' includes an article to which
sub-section 4 (2) applies.