Western Australian Current Acts Western Australian Current Acts (1) This section does
not apply in relation to a seized animal that is fauna, unless the animal had
been lawfully taken.
(2) As soon as
practicable after seizing property an inspector must take reasonable steps to
notify the owner or a person in charge of the property that it has been seized
and of the owner’s rights under subsection (6).
(3) An inspector may
retain seized property until required by subsection (5), or by an order under
subsection (9) or section 55, to return it to the owner or to dispose of it.
(4) Subject to an
order of a court to the contrary, an inspector may return seized property to
the owner at any time if the inspector is satisfied —
(a) that
no useful purpose will be served by retaining it; and
(b) in
the case of an animal, that it will be properly treated and cared for.
(5) Subject to
subsection (9), an inspector must return seized property to the owner if
—
(a) 4
months have elapsed since it was seized and no person has been charged with a
relevant offence; or
(b) a
charge of a relevant offence has been heard and determined but the court
hearing the charge has made no order as to the return or forfeiture of the
property.
(6) The owner of
seized property may apply to the Magistrates Court for an order that it be
returned.
(7) Where an inspector
is required by subsection (5) to return seized property to the owner the
inspector may apply to the Magistrates Court for an order that the property
remain under seizure.
(8) An inspector may
apply to the Magistrates Court for an order that the seized property be
forfeited to the Crown.
(9) On an application
under subsection (6), (7) or (8) a court may —
(a) make
the order sought on such terms and conditions as the court thinks fit; or
(b)
refuse to make the order.
(10) On an application
under subsection (6), (7) or (8) in relation to a seized animal the court must
have regard to the welfare, safety and health of the animal.
(11) In this section
—
owner , in relation to something that has been
seized, means the person from whom the thing was seized or any other person
who satisfies the CEO that he or she is entitled to possession of the thing;
relevant offence means an offence under this Act
—
(a) if
the seized property is an animal, the commission of which affected the
welfare, safety or health of the animal; or
(b) if
the seized property is not an animal —
(i)
the commission of which involved the use of the seized
property; or
(ii)
in respect of the commission of which the seized property
may afford evidence.
[Section 44 amended: No. 59 of 2004 s. 141; No. 28
of 2006 s. 354; No. 24 of 2016 s. 310(7).]