commission of the Schedule 2 offence, the accused did not have an interest in the property. (4) If the court makes a tainted property substitution declaration under this Division in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. S. 36G 36G Deemed withdrawal of application inserted by No. 68/2010 An application under section 36B is deemed to s. 19. have been withdrawn on the acquittal of the accused of all Schedule 2 offences specified in the application. Pt 3 Div. 4 Division 4—Automatic forfeiture of property of (Heading and ss 36GA, serious drug offender 36GB) inserted by No. 55/2014 s. 29. S. 36GA 36GA Automatic forfeiture of restrained property on inserted by declaration that person is serious drug offender No. 55/2014 s. 29. (1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the that the person is a Sentencing Act 1991 serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on—
commission of the Schedule 2 offence, the accused did not have an interest in the property. (4) If the court makes a tainted property substitution declaration under this Division in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. S. 36G inserted by No. 68/2010 s. 19. 36G Deemed withdrawal of application An application under section 36B is deemed to have been withdrawn on the acquittal of the accused of all Schedule 2 offences specified in the application. Pt 3 Div. 4 (Heading and ss 36GA, 36GB) inserted by No. 55/2014 s. 29. Division 4—Automatic forfeiture of property of serious drug offender S. 36GA inserted by No. 55/2014 s. 29. 36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender (1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the Sentencing Act 1991 that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on—