Wild Fauna and Flora Act · 2024 Revised Edition · Part · General
55. Forfeiture of property on conviction
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), upon the conviction of any person for any offence against this Act —
any specimen of any species listed in the Appendix in respect of which the offence has been committed; and
any container, packing case, crate, box or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,
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whether or not they have been seized, taken possession of or detained under section 36, shall be forfeited to the Government and disposed of —
in the case of a specimen, in accordance with section 44;
in the case of any container, packing case, crate, box or any form of receptacle, as the Director directs.
Notwithstanding the conviction of any person for any offence against this Act, no specimen shall be forfeited or disposed of until proceedings are finally determined.
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;
Any person whose receptacle has been forfeited to the
Government under subsection (1) or any person having a legal or equitable interest in such property 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 as he thinks appropriate, being an amount not exceeding the amount which the items otherwise forfeited are estimated by the Director to realise if sold by public auction in Brunei Darussalam.
Minister
“Minister” means the Minister of Primary Resources and Tourism, and includes the Deputy Minister of Primary Resources and Tourism;
Any forfeiture directed or redemption payment imposed pursuant to 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
Appendix
Defined · s 2“Appendix” means the Appendix I, II or III to the Convention and any amendment thereto which may come into force;
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;
species
Defined · s 2“species” means any species, sub-species, variety, form or geographically separate population thereof;
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;