167Disposal of fauna and perishable goods when seized or delivered up

#### 167 Disposal of fauna and perishable goods when seized or delivered up 167 Disposal of fauna and perishable goods when seized or delivered up > > (1) Where any property seized under section 164 or delivered up under section 165 is fauna or is perishable, it may forthwith be disposed of, by way of sale or otherwise, by an authorised officer. > > > (2) The proceeds of any sale under subsection (1) shall be paid into the Fund. > > > (3) The payment to a person from the Fund of an amount equal to the proceeds of the sale of any property under subsection (1) operates as a discharge of any obligation to deliver up that property to that person and such a payment in discharge of any such obligation imposed by an order of the court prescribed in relation to the property under section 168 is hereby authorised. > > > (4) Without affecting the generality of subsection (1), fauna may be disposed of under subsection (1) by being destroyed or returned to its natural environment. > > > (5) When any fauna or perishable property is sold or otherwise disposed of under subsection (1)— > > > > > (a) the buyer obtains the ownership of the fauna or property freed and discharged from any right, interest, trust or obligation to which it was subject immediately before its sale or disposal, and > > > > > (b) the person who was the owner of the fauna or property immediately before its sale or disposal ceases to have any claim in respect of the fauna or property or any right of action in respect of the sale or disposal except as specifically provided by this Act. > > > (6) A person is not prevented from recovering damages from the Crown in respect of the sale or disposal of any fauna or perishable property under subsection (1) if the person establishes that the authorised officer who effected the sale or disposal did not act in good faith or acted without reasonable care. > > **s 167:** Am 1986 No 133, Sch 1 (6); 2004 No 88, Sch 3.1 \[15\]; 2010 No 38, Sch 1 \[92\].