Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
42. Custody of seized specimens
Official textFrom Attorney General's Chambers, unchanged
Where, in the opinion of the Director, any specimen seized pursuant to section 36(2) or (3) may die, rot, spoil or otherwise perish, he may dispose of it in accordance with section 44(1) as if that specimen had been forfeited to the Government.
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
Where the ownership of —
any specimen seized pursuant to section 36(2) or (3); or
any receptacle or thing seized pursuant to section 36(4), cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeited to the Government, and disposed of —
in the case of a specimen, in accordance with section 44;
or
in the case of a receptacle or thing, as the Director directs, subject to any conditions imposed by the court pursuant to section 36(4).
Except as provided in subsection (1) or (2) —
every specimen seized pursuant to section 36(2) or (3); and
every receptacle or thing seized pursuant to this section, shall be held in the custody of the Director until —
a decision is made not to lay any charge in respect of the alleged offence for which the specimen, receptacle or thing was seized; or
where such a charge is laid, upon the completion of proceedings in respect of the alleged offence for which the specimen, receptacle or thing was seized, or such sooner time as the court may determine.
Wild Fauna and Flora 32
The decision whether or not to lay any charge in respect of an alleged offence for which any specimen, receptacle or thing is seized under this section shall be made as soon as reasonably practicable after that specimen, receptacle or thing is seized, taken possession of or detained.
specimen
“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
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;
specimen
Defined · s 2“specimen” means — (a) any animal or plant, whether alive or dead; or (b) any recognisable part or derivative thereof which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a recognisable part or derivative of an animal or plant of species included in the Appendix, unless such part or derivative is specifically exempted from the Convention;
Part