Malaysia legislation
Section 45
Section 45
Forfeiture of living modified organisms or products of such organisms, etc.
(2)
An order for the forfeiture of any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form referred to in subsection (1) shall be made by the court before which the prosecution with regard thereto has been held if it is proved to the satisfaction of the court that an offence under this Act or any regulations made under this Act has been committed and that the said organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
(3)
Where there is no prosecution with regard to any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, seized in exercise of any power conferred under this Act, a notice shall be served to the last-known address of the person from whom the said organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form was seized.
(4)
The notice referred to in subsection (3) shall indicate that—
Biosafety 41
(a)
there is no prosecution in respect of such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form; and
(b)
such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of such notice unless before that date a claim thereto is made in the manner set out in subsections
(5)
, (6) and (7).
(5)
Any person asserting that he is the owner of the organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form referred to in subsection (3) and that such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the enforcement officer in whose possession such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form is held that he claims such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form.
42 Laws of Malaysia ACT 678
(6)
On receipt of the notice under subsection (5), the enforcement officer shall refer the claim to a Magistrate of the First Class for his decision.
(7)
The Magistrate to whom a matter is referred under subsection (6)
shall issue a summons requiring the person asserting that he is the owner of the organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form and the person from whom it was seized to appear before him, and upon their appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter, and on proof that the offence under this Act or any regulations made under this Act has been committed and that such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, was the subject matter of or was used in the commission of such offence, shall order the organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form to be forfeited or may, in the absence of such proof, order the release of such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form to the person entitled to it.
(8)
Where an order for forfeiture is made by the court under subsection (2) or (7) or where no claim is made under subsection (5), the enforcement officer shall dispose of the organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, in accordance with any direction issued by the Director
General and any costs incurred for such disposal shall be borne by the owner of such organism or product that is suspected of being a living modified organism or product of such organism, or book, document,
Biosafety 43
computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form.
(9)
Where any organism or product that is suspected of being a living modified organism or product of such organism that is seized in exercise of the powers conferred under this Act is of a perishable nature or is subject to speedy and natural decay or where the custody of such organism or product that is suspected of being a living modified organism or product of such organism involves unreasonable expense or hazard to the public, the enforcement officer may dispose of such organism or product that is suspected of being a living modified organism or product of such organism in accordance with the direction issued by the Director General and any costs incurred for such disposal shall be borne by the owner.
(10)
Any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, forfeited or deemed to be forfeited under this Part shall be the property of the Federal
Government.
(11)
The Director General or an enforcement officer acting in good faith in exercising the powers under this section shall not be liable to any person for any deterioration, depreciation or damage, however caused, in the quality of any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery or vehicle, matter or thing including those in digital form seized under this Act.
Cost of holding organisms, etc., seized