43AAForfeiture of animal for contravention of section 43 order

43AA Forfeiture of animal for contravention of section 43 order

[Section 43AA Inserted by No. 26 of 2008, s. 22, Applied:29 Jul 2008]

(1)  On the application of an officer, a magistrate may order that an animal is forfeited to the Crown if he or she is satisfied that a person has custody of the animal in contravention of an order made under section 43(1) or such an order as varied under section 43(5) .

(2)  An application for an order under subsection (1) may be made –

(a) in conjunction with proceedings for an offence against section 43(7) , separately from proceedings for such an offence or orally on a finding of guilt (including a plea of guilty) in proceedings for such an offence; and

(b) whether or not proceedings for such an offence have been instituted.

(3)  An officer may take possession of and detain a forfeited animal.

(4)  A forfeited animal may be disposed of in any manner determined by the Secretary.

(5)  In this section –

forfeited animal means –

(a) a particular animal referred to in an order made under subsection (1) and which is forfeited to the Crown by reason of that order; or

(b) if an order is made under subsection (1) which forfeits an animal in the custody of a person to the Crown without referring to a particular animal, the animal in the custody of the person that an officer determines is to be so forfeited in accordance with that order.