Animal Care and Protection Act 2001
sec.204Particular powers about seizure or forfeiture
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sec.204 Particular powers about seizure or forfeiture
If the Magistrates Court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing. If the court sets aside an internal review decision about seizure or forfeiture, it may also— order the return of the animal or other thing; or make another order it considers appropriate for its disposal; or make an order under section 191 . However, the court must not order the return to a person of any of the following seized things— an animal or other thing that may be evidence in a proceeding started in relation to the thing seized; a thing that has been destroyed because it has no intrinsic value; a thing that has been disposed of because it was perishable; a thing the person may not lawfully possess. s 204 amd 2009 No. 24 s 334 (sec.204-ssec.1) If the Magistrates Court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing. (sec.204-ssec.2) If the court sets aside an internal review decision about seizure or forfeiture, it may also— order the return of the animal or other thing; or make another order it considers appropriate for its disposal; or make an order under section 191 . (sec.204-ssec.3) However, the court must not order the return to a person of any of the following seized things— an animal or other thing that may be evidence in a proceeding started in relation to the thing seized; a thing that has been destroyed because it has no intrinsic value; a thing that has been disposed of because it was perishable; a thing the person may not lawfully possess.
- (a) order the return of the animal or other thing; or
- (b) make another order it considers appropriate for its disposal; or
- (c) make an order under section 191 .
- (a) an animal or other thing that may be evidence in a proceeding started in relation to the thing seized;
- (b) a thing that has been destroyed because it has no intrinsic value;
- (c) a thing that has been disposed of because it was perishable;
- (d) a thing the person may not lawfully possess.