On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 02/01/2011.
64.
—(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if —
(a)
the court is satisfied that —
(i)
an offence under this Act has been committed; and
(ii)
the item seized was the subject-matter, or was used in the commission, of the offence; and
(b)
having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item.
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(2) Where no party raises the question of forfeiture under subsection (1), the court shall consider the question on its own motion.
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(3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act notwithstanding that no person may have been convicted of an offence.
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(4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court shall order that the item be released to the owner thereof or to the person entitled thereto.
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(5) In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director-General shall give the person from whom the item was seized or the owner of the item notice in writing that the item shall, on the expiration of 7 days from the date specified in the notice, be deemed to be forfeited unless a claim thereto is made before then in accordance with subsection (6).
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(6) A person asserting —
(a)
that he is the owner of, or that he is entitled to, any item which has been seized under the provisions of this Act; and
(b)
that the item is not liable to forfeiture,
may, personally or by his agent authorised in writing, give written notice to the Director-General that he claims the item.
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(7) On receipt of a notice under subsection (6), the Director-General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision.
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(8) Where no claim is received on the expiration of 7 days from the date specified in the notice referred to in subsection (5), the item to which the notice relates shall be deemed to be forfeited.
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(9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item shall thereupon be deemed to be forfeited.
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(10) Any item forfeited or deemed to be forfeited under this section shall be delivered to an authorised officer and shall be disposed of in such manner as the Director-General thinks fit.
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(11) In this section, “item” means any animal, bird, carcase or any other article.
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