110Retention of things seized if connected with offence

110 Retention of things seized if connected with offence (1) If anything is seized because it is connected with an offence against this Act, it must be held by the inspector as evidence to be tendered in a prosecution for the offence. (2) Subsection (1) does not apply if the Chief Inspector authorises the release of the thing to its owner or the person who had possession of it immediately before it was seized. (3) If a prosecution for the offence is commenced within 12 months after the seizure of the thing and the defendant is found guilty of the offence, the court may make 1 of the following orders: (a) the thing must be forfeited to the Territory; (b) if the Chief Inspector has previously authorised the release of the thing – the defendant must pay to the Territory an amount equal to the market value (as determined by the court) of the thing at the time it was seized. (4) The Chief Inspector must release the thing to its owner or the person who had possession of it immediately before it was seized if 1 of the following circumstances applies: (a) a prosecution for an offence against this Act is not commenced within 12 months after the seizure; (b) a prosecution for an offence against this Act is commenced within 12 months after the seizure and the defendant is not found guilty of the offence or the court does not make an order under subsection (3).

Livestock Act 2008 56