Averments. In a prosecution for an offence against this Act, an averment in the complaint that: (a) the place where the offence is alleged to have occurred was, or was in, a designated area or the mineral lease; (b) a place was a controlled access point for a specified purpose; or (c) a person was at a material time a security officer, is to be taken to have been proved in the absence of proof to the contrary. (1) On finding a person guilty of an offence committed within a designated area or the mineral lease and involving the stealing, receiving or possession of uncut diamonds, a court must order the uncut diamonds to be delivered to the Company. (2) Subsection (1) applies: (a) to an offence under this or any other Act; and (b) notwithstanding any other law or Act.
Appears in 5 contracts
Sources: Merlin Project Agreement, Merlin Project Agreement, Merlin Project Agreement