CONFISCATION ACT 1997 - SECT 39 Consent orders
CONFISCATION ACT 1997 - SECT 39
Consent orders(1) The court which made a civil forfeiture restraining order may make a civil forfeiture order by consent of—
(a) the applicant; and
(b) the respondent; and
(c) any person whom it has reason to believe has an interest in property in respect of which the order is made.
(2) A law enforcement agency or an applicant for a civil forfeiture order must not enter into an agreement to settle any matter in respect of which a civil forfeiture order could be made under this Division and which involves the payment of money or the transfer of any interest in property to the Minister except—
(a) by way of a consent order under subsection (1); or
(b) as restitution of stolen property; or
(c) as compensation for loss or destruction of, or damage to, property; or
(d) with the approval of the court.
S. 40 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).