Singapore legislation
Section 15
Section 15
Forfeiture
(1)
Upon the conviction of any person for an offence under section 4 or 5, the scheduled species in respect of which the offence was committed and any other thing seized under section 11(3)(b), (c) or (d) are, without further order, forfeited to the Director‑General.
(2)
Where a person who is prosecuted for an offence under section 4 or 5 is acquitted or given a discharge, conditional or otherwise, the court may order the scheduled species in respect of which the prosecution was brought and any other thing seized under section 11(3)(b), (c) or (d) —
to be released to the person from whom they were seized or to the owner thereof; or
to be forfeited to the Director‑General.
(3)
Where the owner, importer, exporter or re‑exporter of the scheduled species cannot be ascertained or where that person is outside Singapore, the Director‑General may forfeit the scheduled species and any other thing seized under this Act.
(4)
The Director‑General must, before forfeiting any scheduled species or thing under subsection (3), give to the person from whom the scheduled species or thing was seized notice of the Director‑General’s intention to do so on the expiry of 7 days of the date of the notice.
(5)
Where the scheduled species and other things to be forfeited are live animals, the Director‑General is not required to give any notice under subsection (4).
(6)
All scheduled species and other things which are forfeited to the Director‑General under this Act must be disposed of in any manner that the Director‑General thinks fit, including repatriation under subsection (10) if the Director‑General so decides.
(7)
Except as provided in subsection (8), any expenses incurred by the Director‑General or any authorised officer for the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of any scheduled species must be charged against the owner, importer, exporter or re‑exporter (as the case may be) of the scheduled species.
(8)
Subject to subsection (10), if any scheduled species enters Singapore by any conveyance contrary to this Act, the owner and the importer of the scheduled species are jointly and severally liable for all expenses incurred by the Director‑General or any authorised officer in respect of the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of the scheduled species.
(9)
If the sum charged under subsection (7) or (8) is not paid by the owner, importer, exporter or re‑exporter (as the case may be) within 14 days after demand, that sum may be reported to a Magistrate’s Court or a District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or a District Court, as the case may be.
(10)
When a decision of repatriation is made under this Act in respect of any scheduled species which has been imported or introduced into Singapore in contravention of this Act, and the scheduled species was brought into Singapore in a conveyance, the owner of the conveyance must, if required in writing by the Director‑General, provide or be responsible for —
free passage for the return of the scheduled species to the place at which the scheduled species was shipped to Singapore, or to any other port or place designated by the Director‑General; and
proper maintenance and housing of the scheduled species during the voyage, flight or journey.
(11)
No person is liable under subsection (10) unless the decision of repatriation has been made by the Director‑General within —
12 months from the date on which the scheduled species was imported or introduced into Singapore; or
6 months from the date proceedings for the offence in connection with the import or introduction into Singapore are concluded or from the date the offence is compounded,whichever is the later.
(12)
Any person who contravenes subsection (10) shall be guilty of an offence.