Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 450EB

450EB Application for stock disposal order

(1) A police officer or Crown prosecutor may apply to the District Court or a Magistrates Court for an order (a
"stock disposal order" ) for the sale of an animal that is—

(a) seized; and

(b) connected with a charge that has not finally been disposed of.

(2) An application for a stock disposal order for an animal may be made only if—

(a) a police officer has caused an adequate prescribed record of the animal to be made, or an adequate prescribed record of the animal is otherwise available to a police officer; and

(b) either—

(i) the defendant objects to the animal’s return to its owner; or

(ii) all of the following apply—

(A) the defendant has indicated to a police officer that the defendant does not object to the animal’s return to its owner;

(B) a police officer has offered the owner the return of the animal;

(C) the owner declined the offer.

(3) However, subsection (2) (b) does not apply if the defendant and the person claiming ownership of the animal can not reasonably be located.

(4) The applicant must, at least 28 days before the hearing of the application, give each person who has a legal or equitable interest in the animal a copy of the application, unless the person can not reasonably be located.

(5) Each person who has a legal or equitable interest in the animal may be a party to the application.