Singapore legislation

Clause 27

of Smoking (Control of Advertisements and Sale of Tobacco) Bill

Clause 27

Forfeiture

(1)

Any advertisement, product or vending machine seized in exercise of any power conferred under this Act shall be liable to forfeiture.

(2)

An order for the forfeiture or for the release of any advertisement, product or machine seized in exercise of any power conferred by this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the advertisement, product or machine shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the advertisement, product or machine was the subject-matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of that offence.

(3)

In the absence of any prosecution with regard to any advertisement, product or machine seized in the exercise of any power conferred by this Act, the advertisement, product or machine shall be deemed to be forfeited at the expiration of one month from the date of the seizure unless a claim thereto is made before then in accordance with subsection (4).

(4)

A person asserting that he is the owner of any advertisement, product or machine seized and that the advertisement, product or machine is not liable to forfeiture may personally, or by his agent authorised in writing, make a claim by giving written notice to the Director.

(5)

On receipt of such notice, the Director may direct that the advertisement, product or machine be released or may refer the matter to a court for decision.

(6)

All things forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in accordance with the directions of the Minister.