s. 47 47 Discharge of automatic forfeiture in respect of an interest (1) Automatic forfeiture under section 35 is discharged in respect of an interest in property— (a) if the conviction in reliance on which the S. 47(1)(a) amended by automatic forfeiture occurred is subsequently No. 68/2009 set aside; or s. 97(Sch. item 23.36). (b) if an exclusion order in respect of the interest is made, whether on appeal or otherwise; or (c) if— (i) in reliance on the deemed conviction of a person under section 4(1)(d), automatic forfeiture has occurred in respect of the person; and (ii) after the occurrence of automatic S. 47(1)(c)(ii) amended by forfeiture, the person surrenders to a No. 37/2014 police officer or is found or becomes s. 10(Sch. item 25.8). for any other reason amenable to justice; and (iii) the person is acquitted, on appeal or otherwise; and (iv) the person pays to the State any conversion costs notified to the person by the Minister; or (d) if a payment is made to discharge it in accordance with section 56 or 57. (1A) Automatic forfeiture under section 36GA is S. 47(1A) inserted by discharged in respect of an interest in property No. 55/2014 if— s. 34(1). (a) the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or
47 Discharge of automatic forfeiture in respect of an interest s. 47 (1) Automatic forfeiture under section 35 is discharged in respect of an interest in property— S. 47(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.36). (a) if the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or (b) if an exclusion order in respect of the interest is made, whether on appeal or otherwise; or (c) if— (i) in reliance on the deemed conviction of a person under section 4(1)(d), automatic forfeiture has occurred in respect of the person; and S. 47(1)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8). (ii) after the occurrence of automatic forfeiture, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and (iii) the person is acquitted, on appeal or otherwise; and (iv) the person pays to the State any conversion costs notified to the person by the Minister; or (d) if a payment is made to discharge it in accordance with section 56 or 57. S. 47(1A) inserted by No. 55/2014 s. 34(1). (1A) Automatic forfeiture under section 36GA is discharged in respect of an interest in property if— (a) the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or
97-108a066.docx