Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 444H

  (1)   If:

  (a)   a specimen is seized under section   444A; and

  (b)   none of the following happens before the end of the period for which the specimen may be retained:

  (i)   proceedings are instituted for an offence against Part   13A, where the specimen is alleged to have been used or otherwise involved in the commission of the offence;

  (ii)   the specimen is released unconditionally to a person under section   449BA;

  (iia)   the specimen is delivered to a person under section   444C;

  (iii)   the owner of the specimen brings an action under subsection   444D(1) for the delivery of the specimen to the owner;

  (iv)   proceedings are instituted under section   450A in relation to the specimen;

  (v)   the specimen is disposed of under section   449;

the specimen is forfeited to the Commonwealth at the end of that period.

  (2)   Subsection   (1) has effect only to the extent (if any) to which it gives effect to paragraph   1(b) of Article VIII of CITES.