s. 44 (a) in the case of a forfeiture order, when an appeal may no longer be lodged against either the forfeiture order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined; (b) in the case of automatic forfeiture under S. 44(3)(b) amended by section 35, when an appeal may no longer be Nos 43/1998 lodged against either the conviction in s. 17(1)(a)(b), 55/2014 reliance on which automatic forfeiture s. 32(3). occurred or a refusal to make an exclusion order under section 22 or, if such an appeal is lodged, when the appeal is abandoned or finally determined; (ba) in the case of automatic forfeiture under S. 44(3)(ba) inserted by section 36GA, when an appeal may no No. 55/2014 longer be lodged against either the s. 32(4). conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22A or, if such an appeal is lodged, when the appeal is abandoned or finally determined; (c) in the case of a civil forfeiture order, when S. 44(3)(c) inserted by an appeal may no longer be lodged against No. 43/1998 either the civil forfeiture order or a refusal to s. 17(2), amended by make a section 36V exclusion order or, if No. 68/2010 such an appeal is lodged, when the appeal is s. 50(2). abandoned or finally determined. (3A) Despite subsection (2), the Minister is not S. 44(3A) inserted by prevented from taking the action specified in No. 77/2013 subsection (2)(a) or (b) after the end of the appeal s. 10(1), amended by period but before the final determination of an No. 55/2014 application under section 49, 51 or 53 for an s. 32(5)(a). exclusion order or an application under section 40A for a section 40B exclusion order unless— (a) the application has been made—
(a) in the case of a forfeiture order, when an appeal may no longer be lodged against either the forfeiture order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(b) amended by Nos 43/1998 s. 17(1)(a)(b), 55/2014 s. 32(3). (b) in the case of automatic forfeiture under section 35, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22 or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(ba) inserted by No. 55/2014 s. 32(4). (ba) in the case of automatic forfeiture under section 36GA, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22A or, if such an appeal is lodged, when the appeal is abandoned or finally determined; s. 44 S. 44(3)(c) inserted by No. 43/1998 s. 17(2), amended by No. 68/2010 s. 50(2). (c) in the case of a civil forfeiture order, when an appeal may no longer be lodged against either the civil forfeiture order or a refusal to make a section 36V exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined. S. 44(3A) inserted by No. 77/2013 s. 10(1), amended by No. 55/2014 s. 32(5)(a). (3A) Despite subsection (2), the Minister is not prevented from taking the action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 49, 51 or 53 for an exclusion order or an application under section 40A for a section 40B exclusion order unless— (a) the application has been made—