Revised Laws of Saint Lucia (2021)

134.   Sale of goods condemned as forfeited

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    (1)   Anything condemned as forfeited by virtue of Schedule 4, or considered to have been condemned as forfeited by that Schedule, shall, unless a prohibited or restricted article be sold by public auction.

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    (2)   Any auction under this section shall be advertised in the Gazette and in a newspaper in circulation in Saint Lucia, not less than 7 days before it is due to take place.

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    (3)   The Comptroller shall appoint a person, who may be an officer, to act as auctioneer at an auction under this section.

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    (4)   The following persons shall not be permitted to bid for anything at an auction under this section—

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      (a)     an officer;

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      (b)     any person having or having had any interest in the thing being auctioned,

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    and any person who makes a bid in contravention of this subsection commits an offence and is liable on summary conviction to a fine of $5,000.

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    (5)   All monies arising from the sale of any thing at auction under this section shall be used to pay—

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      (a)     firstly, any duty payable on that thing;

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      (b)     secondly, all the charges of and incidental to the sale, warehousing and carriage of that thing; and

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      (c)     lastly, all the charges of and incidental to the seizure of that thing and any proceedings for the condemnation of the thing,

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      and any residue shall be paid by the Comptroller into the Consolidated Fund, subject to such disposition to or among the person making or aiding in, or in any manner contributing towards the seizure as the Comptroller may direct.

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    (6)   Any thing not sold at an auction under this section, and all prohibited or restricted goods condemned or deemed to be condemned as forfeited, shall be destroyed or otherwise disposed of as the Comptroller may direct.

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    (7)   This section does not prevent the Comptroller from authorising the withholding from sale of any thing condemned or deemed to be condemned as forfeited, and its use by an officer, where such retention and use would assist that officer in the performance of his or her duty.