s. s. 40A 40A Division 3—Orders for exclusion from civil forfeiture orders 40A Application for exclusion from civil forfeiture order S. 40A inserted by (1) Subject to subsections (2) and (4), if property is No. 68/2010 forfeited to the Minister under section 38, a person s. 49 (as amended by who claims to have had an interest in the property No. 73/2011 ss 21–23). immediately before it was forfeited may apply to the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order. Note Only the Supreme Court or the County Court can make a civil forfeiture order under section 38. (2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. S. 40A(3) (3) Subject to subsection (5A), the court that made the amended by relevant civil forfeiture order under section 38 No. 77/2013 s. 9(1). may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) Except with the leave of the court, an application for a section 40B exclusion order in relation to an interest in property must not be made by a person who was given notice of— (a) proceedings on the application for the civil forfeiture restraining order; or (b) the making of the civil forfeiture restraining order. S. 40A(5) (5) Subject to subsection (5A), the court may grant a amended by person leave under subsection (4) to make an No. 77/2013 s. 9(1). application if it is satisfied that the person's failure to seek to have that person's interest in the
Division 3—Orders for exclusion from civil forfeiture orders S. 40A inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 40A Application for exclusion from civil forfeiture order s. 40A (1) Subject to subsections (2) and (4), if property is forfeited to the Minister under section 38, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order. Note Only the Supreme Court or the County Court can make a civil forfeiture order under section 38. (2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. S. 40A(3) amended by No. 77/2013 s. 9(1). (3) Subject to subsection (5A), the court that made the relevant civil forfeiture order under section 38 may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) Except with the leave of the court, an application for a section 40B exclusion order in relation to an interest in property must not be made by a person who was given notice of— (a) proceedings on the application for the civil forfeiture restraining order; or s. 40A (b) the making of the civil forfeiture restraining order. S. 40A(5) amended by No. 77/2013 s. 9(1). (5) Subject to subsection (5A), the court may grant a person leave under subsection (4) to make an application if it is satisfied that the person's failure to seek to have that person's interest in the
97-108a064.docx