Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 153

153 Return of other seized property

(1) This section applies if—

(a) an inspector has, under this part or a warrant, seized a thing other than an animal; and

(b) the thing has some intrinsic value; and

(c) the owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and

(d) the thing has not been forfeited under this part; and

(e) a disposal order has not been made in relation to the thing.

(2) If no application has been made for a disposal order in relation to the thing, the inspector must, return the thing to its owner—

(a) generally—at the end of 6 months after the seizure; or

(b) if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.

(3) Despite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied—

(a) its continued retention as evidence is no longer required; and

(b) its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and

(c) it is lawful for the person to possess the thing.

(4) If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing the inspector must promptly return the thing to its owner if the application—

(a) is withdrawn; or

(b) has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.

(5) Nothing in this section affects a lien or other security over the thing.