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GAME AND FERAL ANIMAL CONTROL ACT 2002 - SECT 45
Power of seizure
45 Power of seizure
(1) An inspector may seize anything that is found by the inspector in any
search under this Division (including any search of a vehicle or vessel
conducted after a notice to produce was issued under section 44 (2)) and that
the inspector has reason to believe is connected with a game hunting offence.
(2) A power conferred by this section to seize a thing includes a power to
remove the thing from the place where it is found and a power to guard the
thing in or on the premises or to secure the thing from interference.
(3) The
State, the Regulatory Authority, an inspector and any other person are not
liable for any seizure under this section for which there was reasonable
cause.
(4) A court may order the forfeiture of a thing seized under this
section in connection with an offence if the court finds a person guilty of
the offence.
(5) The owner of anything seized under this section may dispute
the seizure by giving notice to that effect in writing to the Regulatory
Authority within 28 days after becoming aware of the seizure.
(6) If the
seizure of a thing is so disputed by the owner, the thing is to be returned to
the owner (or the person from whom it was seized) unless-- (a) proceedings
have been instituted for an offence in connection with which the court may
order the thing to be forfeited, or
(b) proceedings have been instituted
under this section for the forfeiture of the thing.
(7) An inspector may
institute proceedings in the Local Court for the forfeiture of a thing seized
under this section and that court may order the forfeiture of the thing if
satisfied it was duly seized under this section.
(8) Anything that is
forfeited under this section (or the proceeds of its sale) becomes the
property of the State.
(9) For the purposes of this section,
"game hunting offence" includes an offence under section 28J of the
Summary Offences Act 1988 and any such offence that there are reasonable
grounds for believing has been, or is to be, committed.
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