Malaysia legislation

Section 30

of *INTERNATIONAL TRADE IN ENDANGERED SPECIES ACT 2008

Section 30

(a)

temporarily return the conveyance, machinery, contrivance or equipment to its owner or to the person from whose possession, custody or control it was seized, or to such person as the enforcement officer may consider entitled thereto, subject to such terms and conditions as the enforcement officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the enforcement officer that the conveyance, machinery, contrivance or equipment shall be surrendered to the enforcement officer on demand being made by the enforcement officer and that the said terms and conditions, if any, shall be complied with; or

(b)

return the conveyance, machinery, contrivance or equipment to its owner or to the person from whose possession, custody or control it was seized, or to such person as the enforcement officer may consider entitled thereto, with liberty for the person to whom the conveyance, machinery, contrivance or equipment is so returned to dispose of the same, such return being subject to security being furnished to the satisfaction of the enforcement officer in an amount not less than an amount which, in the opinion of the enforcement officer, represents the open market value of such conveyance, machinery, contrivance or equipment on the date on which it is so returned subject to the condition that if the conveyance, machinery, contrivance or equipment is forfeited under this

Act, the security shall be forfeited.

(2)

Where any seized conveyance, machinery, contrivance or equipment is temporarily returned under subsection (1), a person who—

(a)

fails, on demand, to surrender the conveyance, machinery, contrivance or equipment to the enforcement officer; or

(b)

contravenes any of the terms or conditions imposed under subsection (1),

International Trade in Endangered Species 31

commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.

Power to require attendance of persons acquainted with case