Clause 9

is of more than 200 tons net; or

is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.Forfeiture, etc., of seized items by court in criminal proceedings15A.—

A court may, in any criminal proceeding against a person for an offence under this Act, order that a seized item in connection with the offence be forfeited to the Director‑General if —

where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or (b)where the seized item is not a conveyance — the court 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.(2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court. (3) A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner. (4) The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence. (5) If the court does not order the forfeiture of a seized item under subsection (1), the court 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 court thinks fit in relation to the disposal of the seized item.(6) The court must not order the release of a seized item under subsection (5) if the court is satisfied that the seized item is relevant for the purposes of any investigation or criminal proceeding for an offence under this Act.Forfeiture, etc., of seized items (except conveyance) in other circumstances15B.—

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 —

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. (2) 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. (3) 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.(4) 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.(5) 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.(6) 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.(7) 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.(8) 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.Release of seized conveyance in other circumstances15C.—

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 —

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. (2) 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. (3) 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.(4) 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.(5) 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.(6) 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.Director-General’s powers after forfeiture15D.—

Where any item is forfeited to the Director‑General under or pursuant to section 15A or 15B, the Director‑General may —

in the case where the item is a scheduled species which was brought into Singapore in or on a conveyance in contravention of this Act — direct the owner of the conveyance to repatriate the scheduled species to the place from which the scheduled species was brought into Singapore or any other place designated by the Director‑General; or

in any case — dispose of the item in any manner that the Director‑General thinks fit.(2) The owner of a conveyance who is directed to repatriate any scheduled species under subsection (1)(a) must, at the owner’s expense, arrange for —

the repatriation of the scheduled species in accordance with the direction; and

the proper care and maintenance of the scheduled species during the repatriation.(3) A person is not required to comply with subsection (2) in respect of a direction made under subsection (1)(a) unless the direction is made within —

12 months after the date on which the scheduled species mentioned in the direction was brought into Singapore; or

6 months after the date on which criminal proceedings for the offence in connection with the contravention mentioned in subsection (1)(a) are concluded or the date on which the offence is compounded,whichever is the later.(4) Any person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.Expenses15E.—

The following persons are responsible for any expenses incurred by the Director‑General or any authorised officer for the seizure, detention, storage, housing, care, maintenance, testing, transport, repatriation or disposal of any seized item:

in the case where the item is a scheduled species which was brought into Singapore in contravention of this Act — the owner of the scheduled species and the person who brought the scheduled species, or caused the scheduled species to be brought, into Singapore (jointly and severally);

in the case where the item is a scheduled species which was being exported or re‑exported from Singapore in contravention of this Act — the owner, and the exporter or re‑exporter (as the case may be), of the scheduled species (jointly and severally);

in the case where the item is seized in connection with —

any scheduled species mentioned in paragraph (a) — the persons mentioned in that paragraph, jointly and severally; or

any scheduled species mentioned in paragraph (b) — the persons mentioned in that paragraph, jointly and severally;

in any other case — the owner of the item.(2) If the amount of the expenses mentioned in subsection (1) is not paid by the person responsible for the expenses under that subsection within 14 days after demand, the amount 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.”.