Forfeiture of seized property (including animals)
Applications for an order of forfeiture made by inspectors
An inspector may apply to the Magistrates Court for an order that seized property (including animals) be forfeited to the Crown under section 44(8) of the Act. These applications are heard in the civil jurisdiction of the Magistrates Court. Under the Act there is no time limit regarding the making of an application for forfeiture.
Following an application by an inspector, a Magistrate may:
- make the order sought, imposing any terms and conditions that the court decides are appropriate, or
- refuse to make the order.
When considering an application for forfeiture, the court must have regard to the welfare, safety and health of the animal.
Forfeiture orders made by the court when convicting a person of an offence
The Act (section 55(1)) gives a court convicting a person of an offence under the Act the power to order the forfeiture of:
- seized property owned by the offender
- an animal owned by the offender, or
- anything used by the offender in the commission of the offence.
Further, under the Act the court has the power to make an order that property seized in relation to the offence be returned to the owner of that property. In making such order, the court considers what order is appropriate to protect the welfare, safety and health of an animal/s or of animals in general.