CONFISCATION ACT 1997 - SECT 45 Relief from undue hardship

CONFISCATION ACT 1997 - SECT 45

S. 45(1) amended by No. 55/2014 s. 16(2).

    (1)     Subject to subsection (1A), if a court is satisfied that undue hardship may reasonably be likely to be caused to any person by a forfeiture order or a civil forfeiture order made by that court, the court—

S. 45(1)(a) amended by No. 55/2014 s. 16(3).

        (a)     may order that the person is entitled to be paid a specified amount out of the forfeited property, being an amount that the court thinks is necessary to prevent undue hardship to the person; and

        (b)     may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age.

S. 45(1A) inserted by No. 55/2014 s. 16(4).

    (1A)     For the purposes of subsection (1), when determining whether undue hardship may be caused by a forfeiture order to the person convicted of the offence in relation to which the forfeiture order has been made, the court must not take into account the impact on that person of the sentence given for that offence.

    (2)     An applicant for an order under subsection (1) must give written notice of the application to the applicant for the forfeiture order or the civil forfeiture order.

S. 45A inserted by No. 55/2014 s. 33.