Malaysia legislation
Section 13
Section 13
The principal Act is amended by substituting for section 46b the following section:
Quoted provision
Section 46b
(2)
An order for the forfeiture of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document 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 vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
(3)
If there is no prosecution with regard to any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act, such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of the notice.
(4)
The notice referred to in subsection (3) shall indicate that—
(a)
there is no prosecution in respect of such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document;
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(b)
such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document, 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 is made in the manner set out in subsections (5), (6) and (7).
(5)
Any person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Director
General or any officer duly authorized in writing by him in whose possession such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document is held that he claims the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document.
(6)
On receipt of the notice referred to in subsection (4), the Director General or any officer duly authorized in writing by him shall refer the claim to a Sessions Court Judge.
(7)
The Sessions Court Judge to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document and the person from whom it was seized to appear before him, and when the person appears or fails to appear, due service of the summons having been proved, the Sessions Court Judge shall proceed to the examination of the matter.
(8)
If it is proved that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste,
Environmental Quality (Amendment)
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environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in this subsection (7) was the subject matter of or was used in the commission of such offence, the Sessions Court Judge shall order the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to be forfeited, and shall, in the absence of such proof, order its release.
(9)
Any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document forfeited or deemed to be forfeited shall be disposed of—
(a)
in accordance with the directions given by the Sessions
Court Judge; or
(b)
in such manner as the Director General or any officer duly authorized in writing by him thinks fit.”.
New sections 46ba, 46bb and 46bc