42Confiscation and forfeiture

##### 42 Confiscation and forfeiture (1) If a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of any vehicle, aircraft, vessel or article used or otherwise involved in the commission of the offence. (2) In considering whether it is appropriate to make such an order in respect of a vehicle, aircraft, vessel or article, the court may have regard to: (a) any hardship that may reasonably be expected to be caused to any person by the operation of such an order; and (b) the use that is ordinarily made, or was intended to be made, of the vehicle, aircraft, vessel or article; and (c) the gravity of the offence concerned. (3) A warden may: (a) seize any vehicle, aircraft, vessel or article that the warden reasonably believes to have been used or otherwise involved in the commission of an offence against this Act; and (b) retain it until: (i) the end of the period of 60 days after the seizure; or (ii) if proceedings for an offence against this Act in the commission of which it may have been used or otherwise involved are instituted within that period—the proceedings (including any appeal to a court in relation to those proceedings) are completed. (4) The Director may authorise a vehicle, aircraft, vessel or article seized under subsection (3) to be released to its owner, or to the person from whose possession it was seized, either: (a) unconditionally; or (b) on such conditions as the Director thinks fit, including conditions as to giving security for payment of its value if it is forfeited. (5) A vehicle, aircraft, vessel or article forfeited under this section may be sold or otherwise disposed of as the Director thinks fit. (6) A warden may seize: (a) any animal or plant that the warden reasonably believes to have been killed or taken in contravention of this Act; or (b) any animal or plant that the warden reasonably believes to have been used or otherwise involved in the commission of an offence against this Act. (7) If an animal or plant has been seized under subsection (6), the Director may cause it to be: (a) retained; or (b) sold or otherwise disposed of. (8) If an animal or plant seized under subsection (6) was not killed or taken in contravention of this Act or used or otherwise involved in the commission of an offence against this Act, any person who has suffered loss or damage because of the seizure is entitled to reasonable compensation.