ANIMAL CARE AND PROTECTION ACT 2001 - SECT 153
Return of other seized property
ANIMAL CARE AND PROTECTION ACT 2001 - SECT 153
Return of other seized property
153 Return of other seized property
(1) This section applies if—
(a) an inspector has, under this part or a
warrant, seized a thing other than an animal; and
(b) the thing has some
intrinsic value; and
(c) the owner of the thing has not, under this part,
agreed in writing to transfer ownership of it to the State or a prescribed
entity; and
(d) the thing has not been forfeited under this part; and
(e) a
disposal order has not been made in relation to the thing.
(2) If no
application has been made for a disposal order in relation to the thing, the
inspector must, return the thing to its owner—
(a) generally—at the end of
6 months after the seizure; or
(b) if a proceeding for an offence involving
the thing is started within the 6 months—at the end of the proceeding and
any appeal from the proceeding.
(3) Despite subsection (2) , the inspector
must promptly return a thing seized as evidence to its owner if the inspector
is satisfied—
(a) its continued retention as evidence is no longer required;
and
(b) its continued retention is not necessary to prevent the thing being
used to continue, or repeat, the offence; and
(c) it is lawful for the person
to possess the thing.
(4) If, at the time mentioned in subsection (2) , an
application has been made for a disposal order in relation to the thing the
inspector must promptly return the thing to its owner if the application—
(a) is withdrawn; or
(b) has been finally decided or otherwise ended and a
disposal order has not been made in relation to the thing.
(5) Nothing in
this section affects a lien or other security over the thing.
