(b) does so knowing the name or address is false or misleading.
(4) If an authorised officer makes a request of a person under subsection (1), the person is not required to comply with the request unless:
(a) if the authorised officer is a member of a police force—he or she produces, for inspection by the person, written evidence of the fact that he or she is a member of that police force; or
(aa) if the authorised officer is an officer of Customs—he or she produces, for inspection by the person, written evidence of the fact that he or she is an officer of Customs; or
(b) in any other case—the authorised officer produces his or her identity card for inspection by the person.
Division 10—Seizure and forfeiture etc.
Subdivision AA—Seizure of specimens involved in a contravention of Part 13A
444A Seizure of specimens involved in a contravention of Part 13A
(1) An authorised officer may seize a specimen if he or she has reasonable grounds to suspect that the specimen has been used or otherwise involved in the commission of an offence against Part 13A.
Note: Part 13A deals with international movement of wildlife specimens.
(2) If a warrant has been issued under Division 4:
(a) if the warrant relates to premises—this section does not apply:
(i) to the executing officer, or an officer assisting, while he or she is searching premises under the warrant; or
(ii) to anything found during the course of such a search; and
(b) if the warrant relates to a person—this section does not apply:
(i) to the executing officer, or an officer assisting, while he or she is searching a person, or an aircraft, vehicle or vessel, under the warrant; or
(ii) to anything found during the course of such a search.
Note: Division 4 is about search warrants. The Division contains its own seizure powers (see paragraphs 417(1)(c), (d) and (e) and (2)(b), (c) and (d)).
444B Notice about seizure
(1) Subject to subsection (2), if a specimen is seized by an authorised officer under section 444A, the authorised officer must give:
(a) the owner of the specimen; or
(b) the person who had possession, custody or control of the specimen immediately before it was seized;
a written notice:
(c) identifying the specimen; and
(d) stating that it has been seized under section 444A and giving the reason for the seizure; and
(e) setting out the terms of sections 444C and 444D.
The notice must be given as soon as practicable after the seizure.
(2) An authorised officer is not required to give a notice under subsection (1) about a specimen if, after making such inquiries as the authorised officer thinks appropriate, the authorised officer does not, within 30 days after the seizure, have sufficient information to enable the authorised officer to give the notice. In that event, the authorised officer must keep a written record of the seizure.
444C Applications for return of specimen
(1) If a specimen is seized under section 444A, the owner of the specimen may apply in writing to the Secretary for the delivery to the owner of the specimen.
(2) The application must be made:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 444B(1) in relation to the specimen—within 30 days after the giving of the notice.
(3) The application must be made on the ground that the specimen was not used or otherwise involved in the commission of an offence against Part 13A.
(4) If the applicant satisfies the Secretary that the ground has been established, the Secretary must grant the application.
Note: Under section 444G, the Secretary may retain the specimen for up to 30 days after making a decision on the application.
444D Court action for return of specimen
(1) If a specimen is seized under section 444A, the owner of the specimen may bring an action against the Commonwealth in a court of competent jurisdiction for the delivery of the specimen to the owner on the ground that the specimen was not used or otherwise involved in the commission of an offence against Part 13A.
(2) An action under subsection (1) must be brought:
(a) within 30 days after the seizure; or
(b) if a notice is given under subsection 444B(1) in relation to the specimen—within 30 days after the giving of the notice.
(3) If:
(a) an action is brought under subsection (1); and
(b) the court finds that the specimen was used or otherwise involved in the commission of the offence concerned;
the court must order the specimen to be forfeited to the Commonwealth.
(4) If:
(a) an action is brought under subsection (1); and
(b) the action is discontinued by the owner otherwise than because of:
(i) the delivery of the specimen to the owner; or
(ii) the forfeiture of the specimen to the Commonwealth; or
(iii) the disposal of the specimen under section 449;
the specimen is forfeited to the Commonwealth.
444E Consignment of specimen with consent of owner
(1) If:
(a) a specimen is seized under section 444A; and
(b) the specimen was imported from a particular foreign country; and
(c) the export of the specimen from the foreign country was not in contravention of a law of the foreign country that corresponds to Part 13A; and
(d) if the importer had applied for a permit authorising the import of the specimen, there is no reasonable likelihood that the permit would have been granted; and
(e) the importer produces written evidence from the relevant CITES authority of the foreign country that the specimen may be returned to the foreign country without contravening such a law;
the Secretary may, with the consent of the owner of the specimen, consign the specimen to a place in the foreign country.
(2) The consignment is to be at the expense of the owner of the specimen.
444G Retention of specimen
(1) If a specimen is seized under section 444A, the specimen may be retained until the end of 30 days after whichever is the latest of the following events:
(a) the seizure;
(b) if a notice is given under subsection 444B(1) in relation to the specimen—the giving of the notice;
(c) if an application is made under subsection 444C(1) in relation to the specimen—the making of a decision on that application;
(d) if:
(i) proceedings for an offence against Part 13A are instituted during the period within which an application may be made under subsection 444C(1) in relation to the specimen; and
(ii) the specimen may have been used or otherwise involved in the commission of the offence or the specimen may afford evidence of the commission of the offence;
the termination of the proceedings (including any appeal to a court in relation to those proceedings).
(2) The rule in subsection (1) does not authorise the retention of the specimen if the owner of the specimen succeeds in an action under subsection 444D(1) for the delivery of the specimen to the owner.
(3) As soon as practicable after the end of the period during which the specimen may be retained under subsection (1), the Secretary must cause reasonable steps to be taken to return the specimen to the person from whom it was seized (or to the owner if that person is not entitled to possess it).
(4) Subsection (3) does not apply if:
(a) the specimen is forfeited or forfeitable to the Commonwealth; or
(b) the specimen has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the Secretary is not in a position to cause reasonable steps to be taken to return the specimen; or
(c) the Commonwealth, the Secretary or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the specimen; or
(d) proceedings under subsection 444D(1) relating to the specimen are pending.
444H Forfeiture of specimen after end of retention period
(1) If:
(a) a specimen is seized under section 444A; and
(b) none of the following happens before the end of the period for which the specimen may be retained:
(i) proceedings are instituted for an offence against Part 13A, where the specimen is alleged to have been used or otherwise involved in the commission of the offence;
(ii) the specimen is released unconditionally to a person under section 449BA;
(iia) the specimen is delivered to a person under section 444C;
(iii) the owner of the specimen brings an action under subsection 444D(1) for the delivery of the specimen to the owner;
(iv) proceedings are instituted under section 450A in relation to the specimen;
(v) the specimen is disposed of under section 449;
the specimen is forfeited to the Commonwealth at the end of that period.
(2) Subsection (1) has effect only to the extent (if any) to which it gives effect to paragraph 1(b) of Article VIII of CITES.
Subdivision AB—Seizure of things (other than specimens involved in a contravention of Part 13A)
445 Seizure of things (other than specimens involved in a contravention of Part 13A)
(1) Subject to subsections (2) and (3), an authorised officer may seize a thing if he or she has reasonable grounds to suspect that it is evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both.
(2) This section does not apply to a specimen that an authorised officer has reasonable grounds to suspect has been used or otherwise involved in the commission of an offence against Part 13A.
Note: Section 444A deals with the seizure of such specimens.
(3) If a warrant has been issued under Division 4:
(a) if the warrant relates to premises—this section does not apply:
(i) to the executing officer, or an officer assisting, while he or she is searching premises under the warrant; or
(ii) to anything found during the course of such a search; and
(b) if the warrant relates to a person—this section does not apply:
(i) to the executing officer, or an officer assisting, while he or she is searching a person, or an aircraft, vehicle or vessel, under the warrant; or
(ii) to anything found during the course of such a search.
Note: Division 4 is about search warrants. The Division contains its own seizure powers (see paragraphs 417(1)(c), (d) and (e) and (2)(b), (c) and (d)).
(3A) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).
(4) In this section:
thing includes a vehicle, vessel, aircraft, platform, document, organism and specimen.
446 Retention of things seized under this Subdivision
(1) This section applies to a thing that is seized under section 445.
(1A) The thing may be retained until:
(a) the reason for the seizure no longer exists; or
(b) it is decided that the thing is not to be used in evidence; or
(c) the end of the period of 60 days after the seizure, or, if that period has been extended under subsection (3), the end of the extended period;
whichever happens first.
(1B) As soon as practicable after the end of the period (the retention period) during which the thing may be retained under subsection (1A), the Secretary must cause reasonable steps to be taken to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it).
(1C) Subsection (1B) does not apply if:
(a) the thing is forfeited or forfeitable to the Commonwealth; or
(b) a proceeding in respect of which the thing may afford evidence was commenced before the end of the retention period and has not been completed (including an appeal to a court in relation to that proceeding); or
(c) the thing has been dealt with under this Part, or as otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory), in a way that means the Secretary is not in a position to cause reasonable steps to be taken to return the thing; or
(d) the Commonwealth, the Secretary or an authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.
(2) An authorised officer may, before the end of the retention period, apply to a magistrate for an order permitting the retention of the thing for a further period.
(3) If, in relation to an application under subsection (2), the magistrate is satisfied, by information on oath or affirmation, that it is necessary for the thing to continue to be retained:
(a) for the purposes of an investigation as to whether an offence against an environmental law has been committed, or whether an environmental penalty provision has been contravened; or
(b) to enable evidence of an offence against an environmental law, or of a contravention of an environmental penalty provision, to be secured for the purposes of a proceeding against the person for such an offence or contravention;
the magistrate may order that the thing may continue to be retained for a period specified in the order. The maximum period of an individual extension must not be more than 30 days.
(3A) Before an authorised officer makes an application under subsection (2), he or she must:
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
(b) if it is practicable to do so, give notice in writing of the proposed application to each person whom the authorised officer believes to have an interest in the proposed application.
(4) Subsection (3) does not prevent a magistrate from granting 2 or more successive extensions under that subsection of the period during which the thing may be retained.
(5) A function of making an order conferred on a magistrate by subsection (3) is conferred on the magistrate in a personal capacity and not as a court or a member of a court.
(6) Without limiting the generality of subsection (5), an order made by a magistrate under subsection (3) has effect only by virtue of this Act and is not taken, by implication, to be made by a court.
(7) A magistrate performing a function of, or connected with, making an order under subsection (3) has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).
(8) The Governor‑General may make arrangements with the Governor of a State, the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under subsection (3).
Subdivision AC—Direction to deliver seizable items
447 Direction to deliver seizable items
(1) An authorised officer may direct a person to deliver to the officer, or to another person specified in the direction, a thing that the officer is authorised to seize under a warrant issued under Division 4 or under section 445.
(2) The direction must:
(a) be in writing; and
(b) be given to the person who is directed to deliver the thing, who must be:
(i) if the thing is a vessel—the person in charge of the vessel, or the vessel’s owner; or
(ii) if the thing is an aircraft—the person in charge of the aircraft; or
(iii) otherwise—the person in possession of the thing; and
(c) specify the place at which the delivery is to occur; and
(d) specify the period within which the delivery is to occur.
(3) A person must not fail to comply with a direction under this section.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(4) This Part applies to a thing delivered in compliance with a direction under this section as if the thing had been seized under the warrant or section that authorised the officer to seize the thing.
(5) A direction made under subsection (1) is not a legislative instrument.
Subdivision B—Disposal of seized items
449 Immediate disposal of seized items
(1) If:
(a) a thing is seized under this Part; and
(b) the Secretary considers that it is reasonably likely that the retention of the thing would:
(i) constitute a serious threat to the environment; or
(ii) constitute a serious threat to the continued existence, in the wild, of a particular species of animal or of a particular species of plant; or
(iii) result in the introduction of an alien species that represents a threat to ecosystems, habitats or other species; or
(iv) constitute a danger to public health; or
(v) in the case of a live organism or specimen—constitute a significant threat to the health of the organism or specimen; or
(vi) in the case of a live animal—result in the animal suffering;
the Secretary may cause the thing to be dealt with in such manner as the Secretary considers appropriate (including the destruction of the thing).
(1A) If the Secretary causes a live animal to be destroyed under subsection (1), the Secretary must require the destruction to be carried out in a humane manner.
(2) Subject to subsection (3), if a thing is dealt with in accordance with subsection (1), the Secretary must give to:
(a) the owner of the thing; or
(b) the person who had possession, custody or control of the thing immediately before it was seized;
a written notice:
(c) identifying the thing; and
(d) stating that the thing has been seized under this Part and giving the reason for the seizure; and
(e) stating that the thing has been dealt with under subsection (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and
(f) setting out the terms of subsection (4).
The notice must be given as soon as practicable after the thing is so dealt with.