12D. Forfeiture in other circumstances
Feedback & supportLast amended by an amending law of 2020.
Where section 12C does not apply, the Director‑General must give the person from whom the item was seized and the owner (if known) of the item a written notice requiring any claim for the item to be made in accordance with subsection (2) within the time specified in the notice.
owner
“owner” includes any person for the time being in charge of any wildlife (whether alive or dead), part of a wildlife, article, conveyance or other thing, and any person for the time being in occupation of any building;
A person who wishes to claim a seized item mentioned in subsection (1) (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.
seized item
“seized item” means any wildlife (whether dead or alive), part of a wildlife, article, conveyance or other thing seized by an enforcement officer under this Act;
On receiving the written claim under subsection (2), the Director‑General may direct that the seized item be released to the claimant or refer the matter to a court for decision.
Director-General
“Director-General” means the Director‑General, Wildlife Management appointed under section 4(1);
If no claim is received for the seized item within the period stated in the notice mentioned in subsection (1) —
in the case where the seized item is a conveyance, the Director‑General must refer the matter to a court for decision; or
in any other case, the seized item is forfeited to the Director‑General.
If the owner of a seized item (other than a conveyance) mentioned in subsection (1) consents to its disposal by the Director‑General, the seized item is forfeited to the Director‑General.
conveyance
“conveyance” includes any vehicle, vessel, train, aircraft or other mode of transport;
In this section, “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 this section.