CONFISCATION ACT 1997 - SECT 36S Court directions to provide information

CONFISCATION ACT 1997 - SECT 36S

    (1)     If a person who has been given a notice under section 36O—

        (a)     is convicted of an offence under section 36R(1) or (3); and

        (b)     has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 36O—

the court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests.

    (2)     If a person who has been given a notice under section 36O —

S. 36S(2)(a) amended by No. 55/2014 s. 7.

        (a)     is convicted of a Schedule 2 offence in relation to which the civil forfeiture restraining order was made; and

        (b)     has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 36O; and

        (c)     does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 36O—

the court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests.

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