Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
39. Forfeiture of seized vehicles and containers
Official textFrom Attorney General's Chambers, unchanged
Upon the conviction of any person for any offence against this
Act, any vehicle or container retained in respect of that offence under section 38(1) may, on the order of the court, be forfeited to the Government;
vehicle
“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
and in that case, the vehicle or container shall be disposed of as the Minister thinks fit.
Minister
“Minister” means the Minister of Primary Resources and Tourism, and includes the Deputy Minister of Primary Resources and Tourism;
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Any person whose property has been forfeited to the Government under this section or any person having a legal or equitable interest in any such property (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction, for the release of the property so forfeited; and the Minister may order the release of that property on payment to the Government of such amount he thinks appropriate, being an amount not exceeding the amount which the items forfeited are estimated by the Director to realise if sold by public auction in Brunei Darussalam.
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
In considering whether to order the release of any property under subsection (2), the Minister shall have regard to —
the relationship between the person applying for release of the property and the person convicted of the offence; and
the extent to which it was foreseeable that the property would be used in connection with the commission of an offence against this Act when it was placed in the possession of the offender.
Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed by a court or by this Act.
Terms defined in s 2
Director
Defined · s 2“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
Minister
Defined · s 2“Minister” means the Minister of Primary Resources and Tourism, and includes the Deputy Minister of Primary Resources and Tourism;
vehicle
Defined · s 2“vehicle” means any means of transport, whether or not self-propelled, that may travel by land, sea or air, and includes any aircraft or vessel;
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