Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 60

Seizure of prohibited equipment etc.

60. Seizure of prohibited equipment etc.



(1) If an authorised officer or member of the police force believes on
reasonable grounds that an offence against this Act has been, is being or is
about to be committed, the officer or member may do all or any of the
following-

   (a)  seize-

   (i)  any thing, the use or possession of which is prohibited by or under
        this Act in any particular case or under any similar enactment of
        another State or Territory of the Commonwealth; or

   (ii) any thing which the officer or member reasonably believes has been or
        is likely to be used in or to assist in the offence; or

   (iii) any thing which the officer or member reasonably believes has been
        taken or held in contravention of this Act or the law of another State
        or Territory of the Commonwealth;

   (b)  inspect and take photographs (including video recordings) of any thing
        which the officer or member believes on reasonable grounds to be
        involved in the commission of the offence;

   (c)  with whatever assistance is required, take and keep samples of-

   (i)  the blood, any bodily fluids or other matter from any wildlife; or

   (ii) any other thing- which the officer believes on reasonable grounds to
        be required to prove the offence;

   (d)  with whatever assistance is required, mark any wildlife or thing which
        the officer believes, on reasonable grounds, to be required to prove
        the offence, for the purpose of later being able to identify it;

   (e)  inspect and make copies of or take extracts from any document which
        the officer or member believes, on reasonable grounds, to be evidence
        of the commission of the offence.

(2) Where any equipment, net, trap, gun, substance, instrument or other device
the use of which is prohibited by or under this Act is seized that equipment,
net, trap, gun, substance, instrument, or other device is forfeited to Her
Majesty and shall be disposed of as the Minister directs.

(3) Where any equipment, trap, net, gun or other weapon or other device is
seized and the person found with that equipment, trap, net, gun or other
weapon or other device is convicted by a court for an offence of taking or
killing wildlife in contravention of this Act that equipment, trap, net, gun
or other weapon or other device is forfeited to Her Majesty and shall be
disposed of as the Minister directs.

(4) Where a gun the use of which is not prohibited by or under this Act is
seized by any person in the exercise of his powers under this Act a court
convicting a person of any offence in respect of which the seizure was made
may authorize the return of the gun to the defendant or to the owner (as the
case requires) but where the person convicted is proved to have been
previously convicted of killing wildlife contrary to the provisions of this
Act the court shall order the forfeiture of the gun which shall be disposed of
as the Minister directs.

(5) Any equipment, net, trap, substance, gun or other weapon, instrument or
device forfeited under this section or seized under this Act and not claimed
within twelve months may be destroyed or be sold.