NTIn ForceAct
Territory Parks and Wildlife Conservation Act 1976
98Confiscation and forfeiture
Start here
Get a plain-English read of 98
Turn the raw legal text into a practical explanation grounded in Territory Parks and Wildlife Conservation Act 1976.
98 Confiscation and forfeiture
(1) Where a court finds a person guilty of an offence against this Act,
the court may order the forfeiture to the Territory of any vehicle,
aircraft, vessel or thing used or otherwise involved in the
(2) A vehicle, aircraft, vessel or thing seized under section 96 may be
retained by the conservation officer who seized it until the expiration
of a period of 60 days after the seizure or, if a prosecution for an
offence against this Act in the commission of which it may have
been used or otherwise involved is instituted within that period, until
the prosecution is terminated.
(3) The Director may authorize a vehicle, aircraft, vessel or thing
seized under section 96 to be released to its owner, or to the
person from whose possession it was seized, either unconditionally
or on such conditions as he thinks fit, including conditions as to the
giving of security for payment of its value if it is forfeited.
(4) A vehicle, aircraft, vessel or thing forfeited under this section may
be sold or otherwise disposed of as the Commission thinks fit.
Territory Parks and Wildlife Conservation Act 1976 87
(5) A conservation officer may seize:
(a) any animal or plant that he reasonably believes to have been
killed or taken in contravention of this Act;
(b) any animal that he reasonably believes is being held
unlawfully or is the property of Australia; or
(c) any animal that he reasonably believes to have been used or
otherwise involved in the commission of an offence against
(6) Where an animal or plant has been seized under subsection (5),
the Director or a conservation officer may cause it to be:
(a) released;
(b) retained; or
(c) sold or otherwise disposed of.
(7) Where an animal or plant seized under subsection (5) 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 by reason of the seizure is entitled to
reasonable compensation.