Northern Territory Consolidated Acts

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TERRITORY PARKS AND WILDLIFE CONSERVATION ACT - SECT 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 commission of the offence.

    (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.

    (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 this Act.

    (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.



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