CONFISCATION ACT 1997 - SECT 70 Declaration that property available to satisfy order

CONFISCATION ACT 1997 - SECT 70

    (1)     On application by the DPP, a prescribed person or a person belonging to a prescribed class of persons or an appropriate officer, a court may, if in its opinion particular property in respect of which a restraining order has been made—

S. 70(1)(a) substituted by No. 42/2007 s. 14, amended by No. 68/2009 s. 97(Sch. item 23.56).

        (a)     was subject to the effective control of the accused on the earlier of the date that the accused was charged with the offence for which the accused was convicted or the date when the restraining order was made; or

S. 70(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.56).

        (b)     was the subject of a gift from the accused to another person—

make an order declaring that the whole, or a specified part, of that property is available to satisfy a pecuniary penalty order.

S. 70(2) amended by No. 68/2009 s. 97(Sch. item 23.56).

    (2)     If a court declares that property is available to satisfy a pecuniary penalty order, the order may be enforced as if the property were property of the accused.

    (3)     An applicant under subsection (1) must give written notice of the application—

        (a)     to the person against whom the order is sought; and

S. 70(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.56).

        (b)     to the accused; and

        (c)     to any other person to whom the court directs that notice be given; and

        (d)     to any other person whom the applicant has reason to believe has an interest in the property.

    (4)     Any person notified under subsection (3) 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 an order under this section.