60Seizure of prohibited equipment etc.

60 Seizure of prohibited equipment etc. S. 60(1) amended by Nos 41/1987 s. 103(Sch. 4 item 76.60), 90/1989 s. 14(e)(i), 70/1990 s. 4(2), 66/1996 s. 207, substituted by No. 87/1997 s. 23, amended by No. 37/2014 s. 10(Sch. item 184.11(a)(b)). (1) If an authorised officer or a police officer believes on reasonable grounds that an offence against this Act has been, is being or is about to be committed, the authorised officer or police officer may do all or any of the following— (a) seize— (i) any thing, the use or possession of which is prohibited by or under this Act in any particular case or under any similar enactment of another State or Territory of the Commonwealth; or S. 60(1)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (ii) any thing which the authorised officer or police officer reasonably believes has been or is likely to be used in or to assist in the offence; or S. 60(1)(a)(iii) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (iii) any thing which the authorised officer or police officer reasonably believes has been taken or held in contravention of this Act or the law of another State or Territory of the Commonwealth; S. 60(1)(b) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (b) inspect and take photographs (including video recordings) of any thing which the authorised officer or police officer believes on reasonable grounds to be involved in the commission of the offence; S. 60(1)(c) amended by No. 37/2014 s. 10(Sch. item 184.11(c)). (c) with whatever assistance is required, take and keep samples of— which the authorised officer or police officer believes on reasonable grounds to be required to prove the offence; (d) with whatever assistance is required, mark any wildlife or thing which the officer believes, on reasonable grounds, to be required to prove the offence, for the purpose of later being able to identify it; S. 60(1)(e) amended by No. 37/2014 s. 10(Sch. item 184.11(b)). (e) inspect and make copies of or take extracts from any document which the authorised officer or police officer believes, on reasonable grounds, to be evidence of the commission of the offence. S. 60(2) amended by No. 25/2023 s. 7(Sch. 1 item 34). (2) Where any equipment, net, trap, gun, substance, instrument or other device the use of which is prohibited by or under this Act is seized that equipment, net, trap, gun, substance, instrument, or other device is forfeited to His Majesty and shall be disposed of as the Minister directs. S. 60(3) amended by Nos 90/1989 s. 14(e)(ii), 25/2023 s. 7(Sch. 1 item 34). (3) Where any equipment, trap, net, gun or other weapon or other device is seized and the person found with that equipment, trap, net, gun or other weapon or other device is convicted by a court for an offence of taking or killing wildlife in contravention of this Act that equipment, trap, net, gun or other weapon or other device is forfeited to His Majesty and shall be disposed of as the Minister directs. S. 60(4) amended by No. 68/2009 s. 97(Sch. item 135.1). (4) Where a gun the use of which is not prohibited by or under this Act is seized by any person in the exercise of his powers under this Act a court convicting a person of any offence in respect of which the seizure was made may authorize the return of the gun to the accused or to the owner (as the case requires) but where the person convicted is proved to have been previously convicted of killing wildlife contrary to the provisions of this Act the court shall order the forfeiture of the gun which shall be disposed of as the Minister directs. S. 60(5) amended by No. 90/1989 s. 14(e)(iii). (5) Any equipment, net, trap, substance, gun or other weapon, instrument or device forfeited under this section or seized under this Act and not claimed within twelve months may be destroyed or be sold. S. 60A inserted by No. 66/1996 s. 208.