Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any fauna,
flora, weapon, instrument, illegal means or device, or thing, which is seized
by a wildlife officer pursuant to the powers conferred upon him by this or any
other Act, is involved in the commission of an offence against this Act, it
may, on conviction of the offender, if the court of summary jurisdiction
convicting the offender so orders, be forfeited to the Crown and shall, after
the expiration of the time limited for appeal, be destroyed or otherwise dealt
with in such manner as the Minister directs.
(2) A person who feels
aggrieved as prosecutor, accused, or otherwise, may, without prejudice to any
other right of appeal he may have, appeal against the forfeiture ordered under
subsection (1) in accordance with Part 2 of the
Criminal Appeals Act 2004.
(3) The provisions of
this section do not apply to any vehicle, vessel or aircraft, unless the court
of summary jurisdiction convicting the offender is satisfied that the vehicle
or vessel has been abandoned.
(4) In
subsection (1) —
fauna means any animal and includes in relation to
any animal the carcass, skin, plumage or fur.
[Section 27 amended by No. 99 of 1969
s. 16; No. 67 of 1975 s. 29; No. 86 of 1976 s. 18;
No. 57 of 1997 s. 132(17) and (22); No. 59 of 2004 s. 141;
No. 84 of 2004 s. 78 and 80; No. 19 of 2010 s. 51.]