CONFISCATION ACT 1997 - SECT 35A Schedule 2 offences—application for court declaration
CONFISCATION ACT 1997 - SECT 35A
Schedule 2 offences—application for court declarationS. 35A(1) amended by Nos 87/2004 s. 22(1)(i)(ii), 68/2009 s. 97(Sch. item 23.29).
(1) Subject to subsection (2), the DPP may apply to the court which convicted an accused of an offence for a declaration that the offence was a Schedule 2 offence.
S. 35A(1A) inserted by No. 27/2016 s. 12(1).
(1A) Subject to subsection (2), if an accused is convicted of an offence by the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence.
S. 35A(2) amended by Nos 68/2009 s. 97(Sch. item 23.30), 27/2016 s. 12(2).
(2) An application under subsection (1) or (1A) must not be made if the court which convicted the accused of the offence has already made a finding that the offence was committed in the circumstances specified in Schedule 2 in relation to that offence.
S. 35B (Heading) amended by No. 68/2009 s. 97(Sch. item 23.31).
S. 35B inserted by No. 63/2003 s. 13.