24 Protected property not to be included in serious S. 24 drug offence restraining order amended by Nos 43/1998 s. 39(b), (1) A restraining order made for the purposes of 87/2004 s. 12, section 15(1)(c) must not include property that is 42/2007 s. 8, protected property. repealed by No. 68/2010 s. 44, (2) For the purposes of subsection (1) and subject to new s. 24 subsection (3), the following property is protected inserted by No. 55/2014 property— s. 26. (a) property used by the accused or a dependant of the accused primarily as a means of transport; (b) any item of necessary clothing of the accused or a dependant of the accused; (c) any item of ordinary household property of the accused or a dependant of the accused; (d) any tools of trade required by the accused or a dependant of the accused in earning income. (3) An item or property of a category referred to in subsection (2) is not protected property if the value of the item exceeds the amount prescribed for that category. (4) Subject to subsection (5), property that is excluded from a serious drug offence restraining order because it is protected property must also be excluded from any other restraining order under which the property is restrained. (5) Subsection (4) does not apply to property that, for the purposes of the other restraining order, is tainted property.
S. 24 amended by Nos 43/1998 s. 39(b), 87/2004 s. 12, 42/2007 s. 8, repealed by No. 68/2010 s. 44, new s. 24 inserted by No. 55/2014 s. 26. 24 Protected property not to be included in serious drug offence restraining order (1) A restraining order made for the purposes of section 15(1)(c) must not include property that is protected property. (2) For the purposes of subsection (1) and subject to subsection (3), the following property is protected property— (a) property used by the accused or a dependant of the accused primarily as a means of transport; (b) any item of necessary clothing of the accused or a dependant of the accused; (c) any item of ordinary household property of the accused or a dependant of the accused; (d) any tools of trade required by the accused or a dependant of the accused in earning income. (3) An item or property of a category referred to in subsection (2) is not protected property if the value of the item exceeds the amount prescribed for that category. (4) Subject to subsection (5), property that is excluded from a serious drug offence restraining order because it is protected property must also be excluded from any other restraining order under which the property is restrained. (5) Subsection (4) does not apply to property that, for the purposes of the other restraining order, is tainted property.