Section 39

Upon the conviction of any person for any offence against this

Act, any vehicle or container retained in respect of that offence under section 38(1) may, on the order of the court, be forfeited to the Government;

and in that case, the vehicle or container shall be disposed of as the Minister thinks fit.

Wild Fauna and Flora 30

Any person whose property has been forfeited to the Government under this section or any person having a legal or equitable interest in any such property (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction, for the release of the property so forfeited; and the Minister may order the release of that property on payment to the Government of such amount he thinks appropriate, being an amount not exceeding the amount which the items forfeited are estimated by the Director to realise if sold by public auction in Brunei Darussalam.

In considering whether to order the release of any property under subsection (2), the Minister shall have regard to —

Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed by a court or by this Act.