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4.
Clause 3 also adds a new section 2B to the Ordinance.
This
new section is a deeming provision and principally concerns articles
which are not easily recognizable as parts or derivatives of
endangered species. Where an article is claimed (e.g. by an
advertisement) to be a scheduled species or a controlled medicine
then it will be so deemed accordingly.
5.
Clauses 4(2), 5(2), 6(2), 9, 10(2), 11(2) and 13 amend the
relevant sections of the Ordinance by increasing the financial
penalties prescribed in those sections. The existing penalties were
originally prescribed in 1976.
6.
The new
Clause 8 adds a new section 7A to the Ordinance.
section provides penalties for furnishing false information in
applications for the issue of licences under the Ordinance and making
false claims in respect of scheduled species and controlled
medicines.
7.
Clause 12 extends the present powers of search contained in
section 11 of the Ordinance to controlled medicines and to other
sections in the Ordinance.
8.
Clause 12(5) also amends section 11 of the Ordinance to
provide for the early release by the Director of Agriculture and
Fisheries of animals which have been seized but because of their diet
or habitat, etc. would otherwise die or suffer unnecessarily if not
so released,
g.
Clause 14(3) amends section 13 of the Ordinance to provide
for the return or forfeiture of seized scheduled species or
controlled medicines where no prosecution has been brought in respect
of those scheduled species or medicines.
This amendment is an
extension of the present powers to return or forfeit scheduled