South Australian Current Acts South Australian Current Acts (1) An object is
liable to confiscation under this section if—
(a) it
has been used in the commission, or is likely to be used in the commission, of
an offence against this Act; or
(b) it
furnishes evidence of the commission of an offence against this Act; or
(c)
where the object is an animal, carcass, egg or plant—
(i)
it has been taken in contravention of this Act; or
(ii)
it is, or has been, in the possession of a person in
contravention of this Act.
(2) A vehicle is
liable to confiscation under subsection (1) only in relation to an
offence that is punishable by imprisonment.
(3) If a warden
suspects on reasonable grounds that an object is liable to confiscation under
this section, the warden may seize the object.
(4) Where an object is
seized under subsection (3), the following provisions apply:
(a) if
proceedings for an offence against this Act in relation to the object seized
are not commenced within three months of the date of seizure, the object must
be returned to the owner;
(b) if
such proceedings are commenced against the owner of the object within three
months of the date of seizure and the owner is, in the course of those
proceedings, convicted of such an offence—
(i)
the court may order that the object be forfeited to the
Crown; and
(ii)
where the object is an animal, carcass, egg or plant and
the prosecutor applies for its forfeiture—the court must order that the
object be forfeited to the Crown;
(c) the
object must be returned to the owner of the object if—
(i)
in the circumstances referred to in paragraph (b),
the owner is not convicted or the court does not make an order for forfeiture;
or
(ii)
in any other circumstances, the object is no longer
required to furnish evidence of the commission of an offence;
(d) an
object forfeited to the Crown may be sold or disposed of as the Minister
thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife
Conservation Fund.
(5) Despite
subsection (4)—
(a)
where a living animal is seized under this section, a warden may release it
from captivity;
(b) if
the Minister is unable, after reasonable inquiry, to ascertain the whereabouts
of a person to whom an object is to be returned under subsection (4), the
object may be sold or disposed of as the Minister thinks fit and, if sold, the
proceeds of sale must be paid into the Wildlife Conservation Fund.
(5a) Despite
subsection (4) where, in the opinion of the Minister, an animal, carcass,
egg or plant confiscated under subsection (1)(c) will suffer a
substantial loss in its value before the question of its forfeiture under this
section can be determined, the Minister may sell the object (unless it is
required for evidentiary purposes) and the proceeds of the sale will be dealt
with under this section as if they were the object.
(6) In this
section—
"convicted" includes found guilty without a conviction being recorded;
"object" includes—
(a) an
animal, carcass or egg;
(b) a
plant;
(c) a
vehicle;
(d) a
cage or container;
(e) a
firearm or device;
(f) a
poison or other substance;
(g) a
document or record;
"owner" in relation to an object seized under this section means either or
both of the following persons:
(a) a
person who has legal title to the object;
(b) a
person who was, immediately before seizure of the object, legally in
possession or control of the object.