CONFISCATION ACT 1997 - SECT 36X Duration and setting aside of civil forfeiture restraining order

CONFISCATION ACT 1997 - SECT 36X

    (1)     A civil forfeiture restraining order ceases to be in force on the expiry of 90 days after it is made unless an application for a civil forfeiture order in respect of the restrained property is then pending before the Supreme Court or the County Court.

    (2)     While a civil forfeiture restraining order in respect of an interest in property is in force, if the court that made the civil forfeiture restraining order makes a civil forfeiture order in respect of the interest, that court may—

        (a)     make an order setting aside the civil forfeiture restraining order in respect of the whole or a specified part of the interest; or

        (b)     make any other order it considers appropriate in relation to the operation of the civil forfeiture restraining order.

    (3)     The court that made the civil forfeiture restraining order may make an order setting aside a civil forfeiture restraining order on the application of a person if the person gives undertakings satisfactory to the court concerning the person's property.

    (4)     An order under subsection (2) or (3) may be made so as—

        (a)     to set aside the civil forfeiture restraining order wholly or in part; and

        (b)     to take effect—

              (i)     on the making of the first-mentioned order; or

              (ii)     at a specified time; or

              (iii)     if relevant, on the payment of money or the transfer of any interest in property to the Minister; or

              (iv)     on the happening of some other specified event.

    (5)     When an order referred to in subsection (4) takes effect, the civil forfeiture restraining order ceases to be in force to the extent to which it is set aside.

    (6)     An order under subsection (2) or (3) may be made on the application of—

        (a)     the applicant for the civil forfeiture restraining order; or

        (b)     any person to whose property the civil forfeiture restraining order relates or who has an interest in that property; or

        (c)     a trustee, if the civil forfeiture restraining order directed the trustee to take control of property; or

        (d)     any other person who obtains the leave of the court to apply.

    (7)     The court that makes a civil forfeiture restraining order may make an order setting aside the civil forfeiture restraining order if the civil forfeiture restraining order is no longer required or appropriate.

    (8)     An order under subsection (7) may be made on the application of the applicant for the civil forfeiture restraining order.

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