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.]