65Powers and duties of seizure

65 Powers and duties of seizure

(1)  Where an authorized officer has reasonable grounds for believing that an offence has been committed, or is being committed, under this Act, the officer may seize any plant, wildlife, product of wildlife, hunting equipment, document or other animate or inanimate thing that –

(a) the officer has reasonable grounds for believing has been, or is being, used in connection with the commission of that offence; or

(b) appears to indicate that an offence under this Act has been, or is being, committed.

(2)  An authorized officer may seize a document issued under this Act if the officer has reasonable grounds for believing that the holder of the document has committed, or is committing, an offence under this Act.

(3)  An authorized officer may, subject to the directions of the Director or a person authorized by the Director for that purpose, retain anything seized under this Act until –

(a) the determination of any proceedings that may be instituted for an offence against this Act in respect of which the thing seized is or may be required; or

(b) a direction is given by a court of petty sessions under subsection (4) .

(4)  If any thing has been seized under this Act and proceedings have not been instituted for an offence in relation to which the thing may be forfeited to the Crown, a court of petty sessions, on the application of a person otherwise entitled to possession of the thing, may direct the thing to be returned to the person.

(5)  A person must not, when required to do so by an authorized officer, refuse to deliver to that officer any thing which the officer is entitled to seize under this Act.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both.