Malaysia legislation
Section 73
Section 73
(1)
If there is no prosecution with regard to any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data that had been seized in exercise of any power conferred under this Enactment or any subsidiary legislation made under this Enactment or the proceed of sale of it, it shall be taken and deemed to be forfeited at the expiration of thirty days from the date of service of a notice to the last known address of a person from whom the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data was seized indicating that there is no prosecution in respect of such animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data unless before the expiration of that period a claim to it is made in the manner set out in subsections (2), (3), (4) and (5).
(2)
Any person asserting that he is the owner of the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package referred to in subsection (1) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Director in whose possession such animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package is held that he claims the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any
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article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package.
(3)
On receipt of the notice referred to in subsection (2), the Director may direct that the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package be released or may direct the enforcement officer to refer the matter to the court.
(4)
The court to whom a matter is referred under subsection (3) shall issue a summons requiring the person asserting that he is the owner of the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package and the person from whom it was seized to appear before the court, and when the owner of the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package appears or fails to appear, due service of the summons having been proven, the court shall proceed to the examination of the matter.
(5)
If it is proved that an offence has been committed and that the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package referred to in subsection (4) was subject matter of or was used in the commission of such offence, the court shall order the animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or the proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package to be forfeited, and shall, in the absence of such proof, order its release.
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(6)
Any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle, package, document or computerized data or proceeds of sale of any animal, bird, animal product, bird product, carcass, fodder, litter, dung or any article or substance, conveyance, receptacle or package forfeited or deemed to be forfeited shall be disposed of in such manner as the Director thinks fit.
Enforcement officer may seek assistance to examine things relating to offence