113Immediate forfeiture in certain cases

113 Immediate forfeiture in certain cases (1) An animal is forfeited to the CEO if: (a) a court finds a person guilty of an offence against this Act; and (b) the offence was committed in relation to the animal; and (c) the person was a person in control of the animal at the time of the offence. (2) The CEO may do any of the following in relation to the forfeited animal as the CEO considers appropriate: (a) allow the owner to retain the animal, or return the animal to the owner, and cancel the forfeiture, subject to conditions as the CEO considers appropriate; (b) sell the animal; (c) give the animal to a charitable organisation; (d) if it is of use to the Agency – retain the animal or thing; (e) if is of use to another Agency – give the animal or thing to that Agency; (f) if it is not reasonable or practicable to do any of the things mentioned in paragraphs (a) to (e) – destroy the animal.

Animal Protection Act 2018 71 (a) the person possesses an animal subject to a condition under subsection (2)(a); and (c) the conduct results in a contravention of the condition and the (4) Strict liability applies to subsection (3)(a). (5) If an animal is sold under subsection (2)(b), the CEO is entitled to be reimbursed out of the proceeds of sale for any seizure and management costs. (6) Any balance of the proceeds of sale under subsection (2)(b) must be paid to the Central Holding Authority. (7) This section does not limit the operation of section 114 in relation to the same offence.