CONFISCATION ACT 1997 - SECT 36K Application for civil forfeiture restraining order
CONFISCATION ACT 1997 - SECT 36K
Application for civil forfeiture restraining orderS. 36K(1) amended by Nos 37/2014 s. 10(Sch. item 25.7(a)), 55/2014 s. 5(1).
(1) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a civil forfeiture restraining order in respect of property if a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property.
S. 36K(2) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(i)).
(2) An application under subsection (1) must be supported by an affidavit of a police officer or a person authorised by or under an Act to prosecute the relevant type of offence (as the case requires)—
(a) setting out any relevant matters; and
S. 36K(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.7(b)(ii), 55/2014 s. 5(1).
(b) stating that the police officer or the person suspects that the property is tainted property; and
S. 36K(2)(c) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(ii).
(c) setting out the grounds on which the police officer or the person has that suspicion.
S. 36K(3) amended by No. 55/2014 s. 5(2).
(3) An application for a civil forfeiture restraining order does not need to specify a particular person alleged to have committed the Schedule 2 offence or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property.
S. 36K(4) amended by No. 79/2014 s. 15.
(4) An application for a restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application for a civil forfeiture restraining order being made in relation to the same property or interest in property.
(5) An application for a civil forfeiture restraining order may be made more than once.
(6) Without limiting the operation of this section, an application for a civil forfeiture restraining order may be made—
S. 36K(6)(a) amended by No. 55/2014 s. 5(3)(a).
(a) in relation to different property or a different interest in property in respect of the same Schedule 2 offence or offences; or
S. 36K(6)(b) amended by No. 55/2014 s. 5(3)(b).
(b) in relation to the same property or interest in property in respect of a different Schedule 2 offence or different Schedule 2 offences.
S. 36L inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).