Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 172

172 Disposal of wildlife etc. not owned by State

(1) If a person is convicted of an offence against this Act, any wildlife in relation to which the offence was committed that is not already the property of the State—

(a) is forfeited to the State; and

(b) must be disposed of in such a way as the chief executive directs.

(2) If—

(a) a person is convicted of an offence against this Act; and

(b) a direction is not given under section 171 for the disposal of any cultural or natural resource in relation to which the offence was committed;

the court may make such order, as it considers appropriate, for the disposal of the cultural or natural resource.

(3) Forfeiture of wildlife under subsection (1) (a) does not confer a right to compensation on any person.

(4) Subject to subsection (5) , if a person is convicted of an offence against this Act, the court may order that anything in relation to which the offence was committed that has been seized be forfeited to the State.

(5) If the court is satisfied that—

(a) the thing is another person’s property and the other person has exercised due diligence to prevent a contravention of this Act; and

(b) the offence has been committed without the person’s knowledge, consent or help;

the court may order that the thing be given to the person on such conditions as the court considers appropriate.

(6) A person who contravenes a condition of a court order made under subsection (5) commits an offence against this Act.

Penalty—

Maximum penalty for subsection (6) —50 penalty units.