Wellington Park Act 1993
70Forfeiture of articles, &c., on conviction
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70 Forfeiture of articles, &c., on conviction
(1) On the conviction of a person for an offence under this Act, any wildlife, product of wildlife or plant taken, had in possession or dealt with in contravention of any of the provisions of this Act is forfeited to the Crown.
(2) On the conviction of a person for an offence under this Act, hunting equipment is forfeited to the Crown –
(a) if it was used in, or in connection with, the commission of that offence; or
(b) if the offence was committed in relation to it.
(3) On convicting a person of an offence under this Act, the court may order hunting equipment referred to in subsection (2) to be returned to another person if the court is satisfied that –
(a) the other person owns or has an interest in the equipment; and
(b) the equipment was used in, or in connection with, the commission of the offence, or the offence was committed in relation to the equipment, without the consent of the other person; and
(c) it would be unjust to the other person for the equipment to be forfeited to the Crown.
(4) On conviction for an offence under this Act, the court may declare forfeited to the Crown any thing seized under this Act.
(5) Any wildlife, product of wildlife, plant, hunting equipment or other thing forfeited under this section is to be disposed of in a manner prescribed or, if no manner is prescribed, as the Director may determine.