(1) The Supreme Court may, on an application under section 93ZZO, make an
order mentioned in section 93ZZR(1) (a
"hardship order" ) in relation to special property if it is satisfied—
(a)
the applicant is a dependant of the person against whom the serious drug
offender confiscation order was made; and
(b) the operation of the serious
drug offender confiscation order will cause hardship to the dependant.
(2)
However, the court must not make a hardship order in favour of an adult
dependant of the person against whom the serious drug offender confiscation
order was made unless the court is satisfied the dependant had no knowledge of
the relevant qualifying offence or a relevant pre-qualifying offence.
(3) In
this section—
"relevant" , in relation to a qualifying offence or pre-qualifying offence,
means the qualifying offence or a pre-qualifying offence on the basis of which
the serious drug offender confiscation order was made.
"special property" means—
(a) any property, if the last change of ownership
resulted from the death of someone other than the person against whom the
serious drug offender confiscation order was made; or
Example—
property
given under a will
(b) property that is or was the dependant’s principal
place of residence, if—
(i) the last change of ownership of the property was
at least 6 years before the relevant qualifying offence was committed; and
(ii) the property was occupied by the dependant as his or her principal place
of residence for a consecutive period of 2 years during the 6-year period
mentioned in subparagraph (i) .
(4) For subsection (3) , if an offence has
been committed over a period of time, the date of commission of the offence is
the date the person started committing the offence.
