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CONFISCATION ACT 1997 - SECT 36GB Declaration that property has been forfeited

CONFISCATION ACT 1997 - SECT 36GB

Declaration that property has been forfeited

    (1)     If a court makes a serious drug offence restraining order, a person may apply to the court that made the order for a declaration that property that was subject to the serious drug offence restraining order has been forfeited to the Minister under section 36GA and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly.

    (2)     An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property.

Note

Section 14 provides that a restraining order may be made in respect of property or an interest in property.

Pt 4 (Heading and ss 3740) amended by Nos 43/1998 ss 16, 36(f)(g), 63/2003 s. 15, 87/2004 ss 1517, 42/2007 s. 18(Sch. items 12–14), substituted as Pt 4

(Heading and ss 36H40B) by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 2123). [1]

Part 4—Civil forfeiture regime

Division 1—Civil forfeiture restraining orders

S. 36H inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 2123).