(1) This section applies if an inspector has, under this part or a warrant,
seized an animal.
(2) The inspector must, within 28 days after the seizure,
return the animal to its owner unless—
(a) the owner has, under this part,
agreed in writing to transfer ownership of it to the State or a prescribed
entity; or
(b) the inspector has given the chief executive information about
a matter mentioned in section 154(2) (a) , (b) or (c) but the chief executive
has not decided, under that section, whether to forfeit the animal; or
(c)
the animal has been forfeited to the State under this part; or
(d) an
application has been made for a disposal or prohibition order in relation to
the animal; or
(e) continued retention of the animal is needed as evidence
for a proceeding or proposed proceeding for an offence involving the animal;
or
(f) an animal welfare direction given in relation to the animal has not
been complied with and the inspector is taking, or proposes to take, action to
ensure the direction is complied with; or
(g) the inspector reasonably
believes the animal’s condition may require its destruction under
section 162.
(2A) If subsection (2) (b) applies, the inspector must promptly
return the animal to its owner if the chief executive—
(a) does not make a
decision within the period mentioned in section 154(5) ; or
(b) decides that
the animal should not be forfeited to the State.
(3) If subsection (2) (d)
applies, the inspector must promptly return the animal to its owner if the
application for the disposal or prohibition order—
(a) is withdrawn; or
(b)
has been finally decided or otherwise ended and a disposal or prohibition
order has not been made in relation to the animal.
(4) If subsection (2) (e)
applies, the inspector must promptly return the animal to its owner if its
continued retention as evidence is no longer required.
(5) If subsection (2)
(f) applies, the inspector must promptly return the animal to its owner if—
(a) the animal welfare direction is complied with; or
(b) the inspector
ceases to take, or propose to take, action to ensure the direction is complied
with.
(6) If subsection (2) (g) applies, the inspector must promptly return
the animal to its owner if the inspector no longer believes the animal’s
condition may require its destruction under section 162.
(7) Nothing in this
section affects a lien or other security over the animal.
