11B. Powers of seizure, etc.

Amended

Last amended by an amending law of 2020.

(1)

Where an authorised officer or a police officer has reason to believe that an offence under this Act has been committed or is being committed, or where an officer of customs has reason to believe that an offence under this Act relating to import or export has been or is being committed, the authorised officer, police officer or officer of customs may seize the following:

(a)

any wildlife (whether alive or dead), part of a wildlife, or article being the subject matter of the offence;

(b)

any article or conveyance with which, or by means of which, the offence is reasonably suspected to be, or have been, committed;

(c)

any food or drink which accompanies a seized wildlife;

(d)

any other thing which appears to be or to contain evidence of the offence.

(2)

Subject to subsection (4), when any wildlife, article, conveyance or other thing is seized under subsection (1), the enforcement officer who seized it must —

(a)

arrange for the seized item to be removed to and detained in a compound, enclosure or other place determined by the Director‑General or an authorised officer for that purpose; and

(b)

report the seizure and detention to a Magistrate.

(3)

The Magistrate may order the further detention or the release of the seized item.

(4)

Where the seized item is perishable, the Director‑General or an authorised officer may dispose of it in any manner the Director‑General or authorised officer thinks fit.

(5)

The Director-General or an authorised officer may subject the seized item to any examination or analysis that the Director‑General or authorised officer (as the case may be) considers necessary for the purposes of this Act.

Report

Read on from s 11C

11B. Powers of seizure, etc.

Terms defined in s 2