Section 55
Forfeiture of property on conviction
(1)
Subject to subsection (2), upon the conviction of any person for any offence against this Act —
(a)
any specimen of any species listed in the Appendix in respect of which the offence has been committed; and
(b)
any container, packing case, crate, box or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,
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whether or not they have been seized, taken possession of or detained under section 36, shall be forfeited to the Government and disposed of —
(i)
in the case of a specimen, in accordance with section 44;
(ii)
in the case of any container, packing case, crate, box or any form of receptacle, as the Director directs.
(2)
Notwithstanding the conviction of any person for any offence against this Act, no specimen shall be forfeited or disposed of until proceedings are finally determined.
(3)
Any person whose receptacle has been forfeited to the
Government under subsection (1) or any person having a legal or equitable interest in such property 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 as he thinks appropriate, being an amount not exceeding the amount which the items otherwise forfeited are estimated by the Director to realise if sold by public auction in Brunei Darussalam.
(4)
Any forfeiture directed or redemption payment imposed pursuant to 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.