Wildlife Conservation Act 2010 · Updated to 1 Oct 2014 · Part VIII · Powers Relating to Enforcement
109. Release of things seized
Feedback & supportIf any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing has been seized under this Act, the enforcement officer who
wildlife
―wildlife‖ means any species of wild animal or wild bird,whether totally protected or protected, vertebrate or invertebrate,live or dead, mature or immature and whether or not may be tamed or bred in captivity;
64 Laws of Malaysia effected the seizure may, after referring to the Public Prosecutor, release the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing to the person as he determines to be lawfully entitled to it, if the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law.
part or derivative
―part or derivative‖ means any substantially complete or part or derivative of wildlife, in natural form, stuffed, chilled, preserved, dried, processed or otherwise treated or prepared which may or may not be contained in preparations, and includes — (a) meat, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales, nest and eggs; (b) tissue, blood, fat, oil, milk, venom, saliva, urine and faeces; (c) any compound derived from anything mentioned in paragraph (a) or (b); or (d) any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of wildlife;
A record in writing shall be made by the enforcement officer effecting the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.
enforcement officer
―enforcement officer‖ means– (a) any officer; (b) any police officer not below the rank of Inspector as provided for in the Police Act 1967; (c) any proper officer of customs as defined in section 2 of the Customs Act 1967; and (d) any public officer authorized under section 90;
For the purpose of this section, the enforcement officer effecting the seizure, the Federal Government or any person acting on behalf of the Federal Government shall not be liable to any proceedings by any person if the seizure and the release of the wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing had been effected in good faith.