sec.201Return of seized animal

sec.201 Return of seized animal

This section applies if an inspector has, under this division or a warrant, seized an exhibited animal or another animal. The inspector must, within 28 days after the seizure, return the animal to the appropriate person unless— the owner of the animal agrees in writing to transfer ownership of it to the State; or the animal is forfeited to the State under division 6 ; or an application has been made for a disposal order or prohibition order for the animal; or continued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or for an exhibited animal—an exhibited animal direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or the inspector reasonably believes the animal’s condition may require its destruction under section 203 . If subsection (2) (c) applies, the inspector must promptly return the animal to the appropriate person if the application for the disposal order or prohibition order— is withdrawn; or has been finally decided or otherwise ended and a disposal order or prohibition order has not been made for the animal. If subsection (2) (d) applies, the inspector must promptly return the animal to the appropriate person if its continued retention as evidence is no longer required. If subsection (2) (e) applies, the inspector must promptly return the animal to the appropriate person if— the exhibited animal direction is complied with; or the inspector ceases to take, or propose to take, action to ensure the direction is complied with. If subsection (2) (f) applies, the inspector must promptly return the animal to the appropriate person if the inspector no longer believes the animal’s condition may require its destruction under section 203 . Nothing in this section affects a lien or other security over the animal. In this section— appropriate person means— for an exhibited animal—a responsible person for the animal; or for another animal—its owner. (sec.201-ssec.1) This section applies if an inspector has, under this division or a warrant, seized an exhibited animal or another animal. (sec.201-ssec.2) The inspector must, within 28 days after the seizure, return the animal to the appropriate person unless— the owner of the animal agrees in writing to transfer ownership of it to the State; or the animal is forfeited to the State under division 6 ; or an application has been made for a disposal order or prohibition order for the animal; or continued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or for an exhibited animal—an exhibited animal direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or the inspector reasonably believes the animal’s condition may require its destruction under section 203 . (sec.201-ssec.3) If subsection (2) (c) applies, the inspector must promptly return the animal to the appropriate person if the application for the disposal order or prohibition order— is withdrawn; or has been finally decided or otherwise ended and a disposal order or prohibition order has not been made for the animal. (sec.201-ssec.4) If subsection (2) (d) applies, the inspector must promptly return the animal to the appropriate person if its continued retention as evidence is no longer required. (sec.201-ssec.5) If subsection (2) (e) applies, the inspector must promptly return the animal to the appropriate person if— the exhibited animal direction is complied with; or the inspector ceases to take, or propose to take, action to ensure the direction is complied with. (sec.201-ssec.6) If subsection (2) (f) applies, the inspector must promptly return the animal to the appropriate person if the inspector no longer believes the animal’s condition may require its destruction under section 203 . (sec.201-ssec.7) Nothing in this section affects a lien or other security over the animal. (sec.201-ssec.8) In this section— appropriate person means— for an exhibited animal—a responsible person for the animal; or for another animal—its owner.