54. Amendment of section 64 of the principal enactment

Section 64 of the principal enactment is hereby amended by the repeal of subsection (1) thereof and the substitution therefor of the following:—

“(1) Except as hereinbefore expressly provided in regard to the disposal of any elephant or of the carcass of any elephant or the tusks or tushes of any elephant, on the conviction of any person for an offence under this Ordinance, any animal, plant or part of such animal or part which is the property of the State under this

Ordinance and any gun, vehicle, boat, artificial light, snare, net, trap or any other instrument, contrivance, appliance or thing used in or for the commission of any offence, shall by reason of that conviction, in addition to any other punishment specified for such offence, be forfeited to the State:

Provided however, where the owner of such gun, vehicle, boat, artificial light, snare, net , trap or other instrument, contrivance, appliance or thing used in or for the commission of any offence is a third party, no forfeiture shall be made if such owner proves to the

Public

Litigation.

Act, No.22 of 2009

satisfaction of the court that he had used all due diligence to prevent the use of such gun, vehicle, boat, artificial light, snare, net, trap or other instrument, contrivance, appliance or thing used in or for the commission of any offence.”.