Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of section 27, when and as often as any illegal device or any
fauna or flora or any other animal other than fauna
("other animal") is found by a wildlife officer, and the owner thereof cannot
be found, he shall give notice of the finding in the prescribed form, and
thereafter shall cause the illegal device or fauna or flora or other animal so
found to be taken before a justice, who may, if satisfied that there are
reasonable grounds for believing that the illegal device had been or was
intended to be used or the fauna or flora had been taken or consigned for sale
in contravention of this Act or regulations made or a notice published under
this Act, or the other animal had been brought into the State in contravention
of section 17(2)(f) or had been released from confinement, or kept in
confinement, in contravention of section 17(2)(h), condemn the same as
forfeited to the Crown and thereupon it is forfeited accordingly.
(2) A person making a
claim to ownership of any illegal device or fauna or flora or animal other
than fauna so found may appear before the justice before whom the illegal
device or fauna or flora or animal other than fauna is taken and he may make
such proper representations to the justice as he may think fit.
[Section 27A inserted by No. 38 of 1954
s. 15; amended by No. 67 of 1975 s. 30; No. 86 of 1976
s. 19; No. 57 of 1997 s. 132(18) and (19); No. 10 of 1998
s. 75.]