CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZZD
Serious drug offender confiscation order may provide for discharge of encumbrance
CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZZD
Serious drug offender confiscation order may provide for discharge of encumbrance
93ZZD Serious drug offender confiscation order may provide for discharge of
encumbrance
(1) This section applies if— (a) the court is satisfied an encumbrancee took
an encumbrance over property to be forfeited under a serious drug offender
confiscation order— (i) in good faith; and
(ii) for valuable consideration;
and
(iii) in the ordinary course of the encumbrancee’s business; and
(b)
the State gives an undertaking to apply the proceeds of disposing of the
forfeited property towards discharging the encumbrance.
(2) The court may
make the orders about the encumbrance the court considers appropriate.
(3)
The commission or, if the application is made by a police officer, the
commissioner of the police service may give the undertaking for the State.
