CONFISCATION ACT 1997 - SECT 36M Determination of application for civil forfeiture restraining order

CONFISCATION ACT 1997 - SECT 36M

    (1)     On an application under section 36K for a civil forfeiture restraining order, the Supreme Court or the County Court, as the case requires, must make a civil forfeiture restraining order if it is satisfied that—

S. 36M(1)(a) amended by No. 55/2014 s. 6(1).

        (a)     the deponent of the affidavit supporting the application does suspect that the property is tainted property; and

        (b)     there are reasonable grounds for that suspicion.

S. 36M(2) inserted by No. 55/2014 s. 6(2).

    (2)     To avoid doubt, if an application under section 36K for a civil forfeiture restraining order in respect of property is made in relation to more than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify—

        (a)     in relation to which of the Schedule 2 offence or offences the property is tainted; or

        (b)     the extent to which the property is tainted in relation to each of the Schedule 2 offences.

S. 36N inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).