CONFISCATION ACT 1997 - SECT 53 Application for exclusion from automatic forfeiture of property of serious drug offender

CONFISCATION ACT 1997 - SECT 53

    (1)     If property is forfeited to the Minister under section 36GA, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant serious drug offence restraining order for an order under section 54.

    (2)     The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.

S. 53(3) amended by No. 44/2022 s. 20(1).

    (3)     Subject to subsections (6) and (6A), the court that made the relevant serious drug offence restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.

    (4)     An application for an order under section 54 in relation to an interest in property must not be made by a person who was given notice of—

        (a)     proceedings on the application for the relevant serious drug offence restraining order; or

        (b)     the making of the relevant serious drug offence restraining order—

except with the leave of the court that made the relevant serious drug offence restraining order.

S. 53(5) amended by No. 44/2022 s. 20(1).

    (5)     Subject to subsections (6) and (6A), the court may grant a person leave under subsection (4) to make an application if the court is satisfied that the person's failure to seek to have that person's interest in the property excluded from the relevant serious drug offence restraining order was not due to neglect on the part of the applicant.

    (6)     The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that has been disposed of in accordance with section 44.

S. 53(6A) inserted by No. 44/2022 s. 20(2).

    (6A)     The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.

    (7)     An applicant must give written notice of the application, and of the grounds on which it is made—

        (a)     to the DPP; and

        (b)     to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited; and

        (c)     to a person prescribed for the purposes of section 44(1).

    (8)     Any person notified under subsection (7) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 54.

    (9)     If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested.

S. 54 amended by Nos 43/1998 s. 20, 87/2004 s. 18(5)(6), 42/2007 s. 12, repealed by No. 68/2010 s. 51,

new s. 54 inserted by No. 55/2014 s. 35.