(1) An animal is forfeited to the CEO if:
(a) a court finds a person guilty of an offence against this Act; and
(b) the offence was committed in relation to the animal; and
(c) the person was a person in control of the animal at the time of the offence.
(2) The CEO may do any of the following in relation to the forfeited animal as the CEO considers appropriate:
(a) allow the owner to retain the animal, or return the animal to the owner, and cancel the forfeiture, subject to conditions as the CEO considers appropriate;
(b) sell the animal;
(c) give the animal to a charitable organisation;
(d) if it is of use to the Agency – retain the animal or thing;
(e) if is of use to another Agency – give the animal or thing to that Agency;
(f) if it is not reasonable or practicable to do any of the things mentioned in paragraphs (a) to (e) – destroy the animal.
(3) A person commits an offence if:
(a) the person possesses an animal subject to a condition under subsection (2)(a); and
(b) the person intentionally engages in conduct; and
(c) the conduct results in a contravention of the condition and the person is reckless in relation to that result.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(4) Strict liability applies to subsection (3)(a).
(5) If an animal is sold under subsection (2)(b), the CEO is entitled to be reimbursed out of the proceeds of sale for any seizure and management costs.
(6) Any balance of the proceeds of sale under subsection (2)(b) must be paid to the Central Holding Authority.
(7) This section does not limit the operation of section 114 in relation to the same offence.