Endangered Species (Import and Export) Act 2006 · 2020 Revised Edition · Part 3 · Enforcement Powers and Proceedings
15C. Release of seized conveyance in other circumstances
Feedback & supportLast amended by an amending law of 2022.
Where a conveyance is seized under this Act, the Director-General must give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the conveyance to be made in accordance with subsection (2) within the time specified in the notice, if —
conveyance
“conveyance” includes any vessel, aircraft, vehicle or mode of transport;
no criminal proceeding is instituted against any person for an offence under this Act in relation to the conveyance; and (b)the Director-General is satisfied that the conveyance is not relevant for the purposes of any investigation under this Act.
A person who wishes to claim the conveyance (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);
Subject to subsection (4), if the Director-General receives a written claim for the conveyance under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General must release the conveyance to the claimant.
The Director-General may refer the matter to a District Judge or Magistrate for decision if —
no claim is received for the conveyance within the period stated in the written notice mentioned in subsection (1); or
the Director-General is unable to ascertain the owner of or the person entitled to the conveyance.
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.
After considering the matter, the District Judge or Magistrate may —
order the release of the conveyance to the owner of or the person entitled to the conveyance; or
where the owner of or the person entitled to the conveyance 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 conveyance.