Section 44

Any specimen of any species listed in the Appendix forfeited to the Government shall be disposed of in such manner as the Director may direct, after consultation with the relevant scientific and management authorities.

The Director may negotiate the return and the payment of any costs associated with that return, of any specimen imported into

Brunei Darussalam, otherwise than in accordance with this Act, with the management authority of the country from where that specimen originated.

All costs and expenses of and attendant upon any disposal of a specimen forfeited to the Government and seized under section 36(1) shall be borne by the owner or the person who had possession thereof, and shall be recoverable from him as a debt due to the Government, and no compensation shall be payable in respect thereof.

Specimens seized in respect of which there is no prosecution forfeited if not claimed within 30 days 45.

If there is no prosecution with regard to any specimen seized under this Act, such specimen shall be taken and forfeited at the expiration

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of 30 days from the date of seizure unless a claim thereto is made before such date in the manner set out in this section.

Any person asserting that he is the owner of such specimen and that it is not liable to forfeiture may personally or by his agent authorised in writing give written notice to an authorised officer that he claims the same.

On receipt of such notice the authorised officer shall refer the claim to the Director who may direct that such specimen be released or may direct such authorised officer to refer the matter to a court for his decision.

The court shall issue a summons requiring the person asserting that he is the owner of the specimen and the person from whom it was seized to appear before it.

Upon his appearance or default to appear, due service of such summons being proved, the court shall proceed to the examination of the matter and on proof that an offence against this Act has been committed and that such specimen was the subject matter, or was used in the commission, of such offence shall order the specimen to be forfeited, or may, in the absence of such proof, order its release.

In any proceedings under subsections (4) and (5), the burden of proof thereof shall lie on the person asserting that he is the owner of the specimen and on the person from whom it was seized as if such owner or person had been the defendant in a prosecution under this Act.

All specimens forfeited under subsection (1) shall be disposed of in accordance with section 44.