Victorian Current Acts Victorian Current Acts(1) If any live flora or fauna are seized under this Division, an authorised officer may at any time return the flora or fauna to its natural habitat if the authorised officer considers it appropriate and practical to do so.
(2) At any time before proceedings for an offence relating to a thing seized under this Division are finally determined, the Magistrates' Court may, on the application of an authorised officer, order that the thing be destroyed or otherwise disposed of, if the Court is satisfied that—
(a) in the case of flora or fauna, the authorised officer believes on reasonable grounds that the person apparently in possession of the flora or fauna is not authorised by a licence, permit or authorisation under this Act to possess the flora or fauna; and
(b) in any other case, the owner of the thing cannot be found.
(3) If a person is found guilty by a court of an offence against this Act or the regulations, the court may, in addition to imposing any other penalty, order any thing seized under this Act which relates to that offence to be destroyed or otherwise disposed of in the manner specified in the order.
S. 57J inserted by No. 28/2019 s. 30.