AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 59

Forfeiture of articles, &c., on conviction

(1)  Any wildlife, products of wildlife or plants taken, had in possession, bought, sold, dealt with, exported or disposed of in contravention of this Act are forfeited to the Crown, and the conviction of any person for any such contravention has effect as a condemnation of that wildlife, those products or those plants without the necessity of a complaint being laid for that condemnation.
(2)  On the conviction of a person of 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 anything seized under section 51(3) .
(5)  Any wildlife, products of wildlife, plants, hunting equipment or other things forfeited under this section are to be disposed of in the prescribed manner or, if no manner is prescribed, as the Secretary determines.



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