Wild Fauna and Flora Act · 2024 Revised Edition · Part · Authorised Officers
45. Specimens seized in respect of which there is no prosecution forfeited if not claimed within 30 days
Official textFrom Attorney General's Chambers, unchanged
If there is no prosecution with regard to any specimen seized under this Act, such specimen shall be taken and forfeited at the expiration
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;
Wild Fauna and Flora of 30 days from the date of seizure unless a claim thereto is made before such date in the manner set out in this section.
Any person asserting that he is the owner of such specimen and that it is not liable to forfeiture may personally or by his agent authorised in writing give written notice to an authorised officer that he claims the same.
authorised officer
“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
On receipt of such notice the authorised officer shall refer the claim to the Director who may direct that such specimen be released or may direct such authorised officer to refer the matter to a court for his decision.
Director
“Director” means the Director of the Department of Agriculture and Agrifood, and includes the Deputy Director of Agriculture and Agrifood;
The court shall issue a summons requiring the person asserting that he is the owner of the specimen and the person from whom it was seized to appear before it.
Upon his appearance or default to appear, due service of such summons being proved, the court shall proceed to the examination of the matter and on proof that an offence against this Act has been committed and that such specimen was the subject matter, or was used in the commission, of such offence shall order the specimen to be forfeited, or may, in the absence of such proof, order its release.
In any proceedings under subsections (4) and (5), the burden of proof thereof shall lie on the person asserting that he is the owner of the specimen and on the person from whom it was seized as if such owner or person had been the defendant in a prosecution under this Act.
All specimens forfeited under subsection (1) shall be disposed of in accordance with section 44.
Terms defined in s 2
authorised officer
Defined · s 2“authorised officer” means — (a) any police officer; (b) any officer of customs, as defined in section 2(1) of the Customs Order, 2006; or (c) any public officer appointed by the Minister under section 5;
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