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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZZN Restriction on orders if serious drug offender confiscation order is applied for or made

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 93ZZN

Restriction on orders if serious drug offender confiscation order is applied for or made

93ZZN Restriction on orders if serious drug offender confiscation order is applied for or made

(1) Subsection (3) applies if an application for a serious drug offender confiscation order against a person is dismissed, struck out or otherwise disposed of by the court without the order being made, except if the application is dismissed because the conviction of the person of the qualifying offence or a pre-qualifying offence on which the application is based is quashed on appeal.
(2) For the removal of doubt, it is declared that subsection (3) does not apply if the application is withdrawn.
(3) The State can not apply for another order under this Act on the basis of the illegal activity constituting the qualifying offence that was the basis of the application, other than an order under chapter 3 , part 3 , 4 or 7 .
(4) If a serious drug offender confiscation order is made on the basis of the conviction of a person of a qualifying offence, no other order may be made under this Act on the basis of the illegal activity constituting the qualifying offence.