CONFISCATION ACT 1997 - SECT 37 Application for civil forfeiture order

CONFISCATION ACT 1997 - SECT 37

    (1)     If a civil forfeiture restraining order is in force in respect of property, the DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply to the court which made the civil forfeiture restraining order for a civil forfeiture order in respect of the property.

Note

Only the Supreme Court or the County Court can make a civil forfeiture restraining order.

    (2)     The applicant must give written notice of the application under subsection (1) to every person who the applicant has reason to believe has an interest in the property.

    (3)     The court may waive the requirement under subsection (2) to give notice if the court is satisfied either—

        (a)     that any person who has an interest in the property is present before the court; or

        (b)     that it is fair to waive the requirement despite any such person not being present.

    (4)     At any time before the final determination of the application, the court may require the applicant to give notice of the application to any person, in any manner and within any time that the court thinks fit.

    (5)     Any person notified under subsection (4) and any other person who claims an interest in the property are entitled to appear and to give evidence at the hearing of the application but the absence of a person does not prevent the court from making a civil forfeiture order.

    (6)     At any time before the final determination of the application, the court may amend the application as it thinks fit, either—

        (a)     at the request of the applicant; or

        (b)     with the approval of the applicant.

S. 37(7) amended by No. 55/2014 s. 11.

    (7)     If an application under subsection (1) has been finally determined, no further application may be made under that subsection in relation to the same Schedule 2 offence or any one or more of the same Schedule 2 offences, except with the leave of the court.

    (8)     The court must not grant leave under subsection (7) unless it is satisfied that—

        (a)     the property to which the new application relates was derived, realised or identified only after the earlier application was determined; or

        (b)     necessary evidence became available only after the earlier application was determined; or

        (c)     it is otherwise in the interests of justice to do so.

    (9)     The court may—

        (a)     order that the whole or any part of the proceeding be heard in closed court; or

        (b)     order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or

        (c)     make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.

    (10)     The court must cause a copy of any order made under subsection (9) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.

    (11)     A person must not contravene an order posted under subsection (10).

Penalty:     Imprisonment for 12 months or 1000 penalty units.

Note

Section 36H provides that a civil forfeiture restraining order may be made in respect of property or an interest in property.

S. 38 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).