New South Wales Consolidated Acts

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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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