Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a conservation officer suspects on reasonable grounds that—
(i) a person is in possession of a native bird; and
(ii) the bird is connected with the commission of an offence against this Act; and
(b) the person does not, when asked by the conservation officer, produce for inspection by the conservation officer a nature conservation licence authorising the possession of the bird; and
Note Nature conservation licence —see s 262.
(c) the conservation officer believes on reasonable grounds that—
(i) the bird is suffering pain or is in a state of distress; or
(ii) the keeping of the bird in captivity, or in the kind of captivity in which it is being kept by the person, is likely to endanger the life of, or cause distress or otherwise be harmful to, the bird.
(2) The conservation officer may—
(a) seize the bird; and
(b) if the conservation officer believes on reasonable grounds that the welfare of the bird is best provided for by releasing the bird—release the bird.
Note The Territory may be required to pay the owner of the animal reasonable compensation for its loss (see s 357).
(3) However, a conservation officer must not seize or release a bird under subsection (2) if the conservation officer does not produce the conservation officer's identity card for inspection if asked by the person.
(4) In this section:
"native bird" means a bird that is—
(a) a native animal; but
Note Native animal —see s 12.
(b) not an exempt animal.
Note Exempt animal —see s 154.