National Kenaf and Tobacco Board Act 2009 · Updated to 1 Oct 2018 · Part VII
70. Forfeiture of seized kenaf or tobacco, etc.
Feedback & supportAny kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act shall be liable to forfeiture.
kenaf
“kenaf” means Hibiscus cannabinus from the plant species of the Hibiscus or any part thereof, and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids;
An order for the forfeiture of the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
kenaf product
“kenaf product” means any product originated from kenaf or any mixture containing kenaf such as cordage, paper, textile and bio-composite;
If there is no prosecution with regard to any kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article was seized indicating that there is no prosecution in respect of such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7).
tobacco
“tobacco” means the plant species of Nicotiana tabacum or any part thereof, whether in the uncured or cured state and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids;
Any person asserting that he is the owner of the kenaf, kenaf product, tobacco or tobacco product, or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (3)
tobacco product
“tobacco product” means cigarette or cigar or any other form of products originated from tobacco including any mixture containing tobacco which is designed for human consumption but excludes any medicinal product controlled under the Poisons Act 1952 or the Control of Drugs and Cosmetics Regulations 1984;
and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized
officer in whose possession such kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article.
conveyance
“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;
On receipt of the notice referred to in subsection (4), the authorized officer shall refer the matter to the Director General who may direct that the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer the matter to a Magistrate.
The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the Board and the person asserting that he is the owner of kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before the Magistrate, and when a representative of the Board and the owner thereof appear or any of them fails to appear, due service of the summons having been proved, the
Board
“Board” means the National Kenaf and Tobacco Board established under section 3;
Magistrate shall proceed to the examination of the matter.
If it is proved that an offence under this Act has been committed and that the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release.
Any kenaf, kenaf product, tobacco or tobacco product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the seizing officer and shall be disposed of in accordance with the directions of the Magistrate.
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