CONFISCATION ACT 1997 - SECT 181 Confiscation Amendment Act 2010—proceedings for civil forfeiture generally

CONFISCATION ACT 1997 - SECT 181

    (1)     In this section old civil forfeiture matter means—

        (a)     an application under any of the following sections made but not determined before the commencement of Part 3 of the Confiscation Amendment Act 2010 —

              (i)     section 16(2)(a) for a restraining order for the purposes of section 15(1)(c) as in force immediately before its repeal;

              (ii)     section 20 for an exclusion order under section 24 as in force immediately before its repeal;

              (iii)     section 37 (as in force immediately before its substitution by section 49 of that Act) for a civil forfeiture order;

              (iv)     section 53 for an exclusion order under section 54 as in force immediately before its repeal;

              (v)     section 55 as in force immediately before its amendment by section 52 of that Act;

        (b)     any of the following orders made and in force immediately before the commencement of Part 3 of the Confiscation Amendment Act 2010 —

              (i)     a restraining order for the purposes of civil forfeiture made under section 18(2) as in force immediately before its repeal;

              (ii)     an exclusion order under section 24 as in force immediately before its repeal;

              (iii)     any further order made under section 26 in relation to property restrained for the purposes of civil forfeiture immediately before that commencement;

              (iv)     an order under section 27(4) (as in force immediately before its amendment by section 45(2) of that Act) in relation to a restraining order for the purposes of civil forfeiture;

              (v)     an order for civil forfeiture under section 38 (as in force immediately before its substitution by section 49 of that Act);

              (vi)     an exclusion order under section 54(1) as in force immediately before its repeal;

              (vii)     an order under section 54(2) as in force immediately before its repeal;

        (c)     any refusal to make a civil forfeiture order under section 38 (as in force immediately before its substitution by section 49 of that Act);

        (d)     any refusal to make an exclusion order under section 24 or 54(1) as in force immediately before their repeal;

        (e)     any refusal to make an order under section 54(2) as in force immediately before its repeal.

    (2)     Despite the commencement of Part 3 of the Confiscation Amendment Act 2010 , this Act, as in force immediately before that commencement, continues to apply in respect of any old civil forfeiture matter as if Part 3 of the Confiscation Amendment Act 2010 had not been enacted.

    (3)     Part 4 as substituted by section 49 of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 49 of that Act irrespective of whether the property to which the proceeding relates is or was reasonably suspected of being tainted property in relation to a Schedule 2 offence before, on or after that commencement.

S. 182 inserted by No. 68/2010 s. 69.