Endangered Species (Import and Export) Act 2006 · 2020 Revised Edition · Part 3 · Enforcement Powers and Proceedings
15B. Forfeiture, etc., of seized items (except conveyance) in other circumstances
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The Director-General must, in respect of a seized item, give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the seized item to be made in accordance with subsection (2) within the time specified in the notice, if —
owner
“owner” includes any person for the time being in charge of any scheduled species and any person for the time being in occupation of any premises;
no criminal proceeding is instituted against any person for an offence under this Act in relation to the seized item; and (b)the Director-General is satisfied that the seized item is not relevant for the purposes of any investigation under this Act.
A person who wishes to claim the seized item (called in this section the claimant) must submit, either personally or through an authorised agent, a written claim (containing the basis of the claimant’s claim) to the Director-General.
Director‑General
“Director‑General” means the Director‑General, Wildlife Trade Control appointed under section 3(1);
The seized item is forfeited to the Director-General if —
no claim is received for the seized item within the period stated in the written notice mentioned in subsection (1); or
the owner of the seized item consents to its disposal by the Director-General.
If the Director-General receives a written claim for the seized item under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General may release the seized item to the claimant or refer the matter to a District Judge or Magistrate for decision.
Where the Director-General refers the matter to a District Judge or Magistrate for decision under subsection (4), the District Judge or Magistrate may issue a summons requiring the claimant or any other person to appear before the District Judge or Magistrate to be examined or give evidence on the matter.
The District Judge or Magistrate may order that the seized item be forfeited to the Director-General, if the District Judge or Magistrate is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.
If the District Judge or Magistrate does not order the forfeiture of a seized item under subsection (6), the District Judge or Magistrate may —
order the release of the seized item to the owner of or the person entitled to the seized item; or (b)where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the District Judge or Magistrate thinks fit in relation to the disposal of the seized item.
In this section and section 15C, “authorised agent”, for a claimant, means a person who is designated in writing by the claimant as the claimant’s authorised agent for the purposes of the applicable section.