Application for serious drug offender confiscation order
93ZZ Application for serious drug offender confiscation order
(1) This section applies if—
(a) a person (the
"prescribed respondent" ) is convicted of a qualifying offence; and
(b) a
serious drug offence certificate for the qualifying offence has been issued
and has not been cancelled.
(2) The State may apply to the Supreme Court for
a serious drug offender confiscation order against the prescribed respondent.
(3) The application must be made within 6 months after the issue of the
serious drug offence certificate for the qualifying offence.
(4) The
application must not be set down for hearing less than 28 days after the
filing of the application.
(5) The commission or, if the application is made
for the State by a police officer, the commissioner of the police service must
give reasonable notice of the application to—
(b) anyone else who the commission or the commissioner of the police
service reasonably suspects has an interest in the property that is likely to
become the subject of the order sought.
(6) A person given notice under
subsection (5) may appear at the hearing of the application.
(7) The absence
of a person required to be given notice of the application does not prevent
the Supreme Court from making a serious drug offender confiscation order.
(8)
The application must include particulars of any encumbrance over property that
an appropriate officer considers is likely to become the subject of the order.
(9) The application must state that a response to the application may be filed
under section 93ZZA.
