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NATURE CONSERVATION ACT 2002 - SECT 51 Powers and functions of seizure

NATURE CONSERVATION ACT 2002 - SECT 51

Powers and functions of seizure

(1)  If an authorised officer has reasonable grounds for believing that an offence has been committed under this Act with respect to any wildlife, the products of any wildlife or any plant, the authorised officer may seize one or more of the following:
(a) that wildlife, those products or that plant;
(b) any products of that wildlife.
(2)  An authorised officer is to seize any hunting equipment that the officer has reasonable grounds for believing has been or is being used in, or in connection with, the commission of an offence under this Act.
(3)  An authorised officer may seize any thing that the officer has reasonable grounds for believing has been taken by, or is in the possession of, a person contrary to the provisions of this Act.
(4)  An authorised officer may seize a licence, permit or other document issued under this Act if the officer has reasonable grounds for believing that the holder of the licence, permit or other document has committed an offence under this Act.
(5)  An authorised officer may seize any record or document –
(a) relating to trade in wildlife or other wildlife matters; or
(b) that appears to indicate that an offence under this Act has been, or is being, committed.
(6)  An authorised officer may seize any living thing that he or she has reasonable grounds for believing has been used for the purpose of taking wildlife contrary to the provisions of this Act.
(7)  If any hunting equipment, licence, permit, record or other document or any other animate or inanimate thing is seized under this Act, the person by whom it was seized may, subject to the directions of the Secretary or some person authorised by the Secretary, retain it until the determination of any proceedings that may be instituted in respect of an offence against this Act against the person from whom it was seized.
(8)  If any hunting equipment, licence, permit, record or other document or any other animate or inanimate thing has been seized from any person under this Act and no proceedings have been instituted against that person for an offence on conviction for which it may be forfeited to the Crown, a court of petty sessions, on the application of that person, may direct it to be returned to that person and, on the making of that direction, the authority under subsection (7) to retain it ceases.
(9)  A person who, when required to do so by an authorised officer, refuses to deliver to that officer any hunting equipment, licence, permit, record or other document, or any other animate or inanimate thing, that the officer is entitled to seize under this Act is guilty of an offence.