s. 34 Act 1991 in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the Sentencing Act 1991 has been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. (2) A law enforcement agency or an applicant for a S. 34(2) amended by forfeiture order must not enter into an agreement No. 43/1998 to settle any matter in respect of which a forfeiture s. 36(c). order could be made under this Division and which involves the payment of money or the transfer of property to the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the Supreme Court or S. 34(2)(d) amended by the court before which the person was No. 87/2004 s. 22(1)(e). convicted of the Schedule 1 offence. Pt 3 Div. 1A Division 1A—Tainted property substitution (Heading and order ss. 34A–34C) inserted by No. 63/2003 s. 12. Pt 3 Div. 1A (Heading) amended by No. 68/2010 s. 17.
Act 1991 in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the Sentencing Act 1991 has been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders s. 34 (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. S. 34(2) amended by No. 43/1998 s. 36(c). (2) A law enforcement agency or an applicant for a forfeiture order must not enter into an agreement to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or S. 34(2)(d) amended by No. 87/2004 s. 22(1)(e). (d) with the approval of the Supreme Court or the court before which the person was convicted of the Schedule 1 offence. Pt 3 Div. 1A (Heading and ss. 34A–34C) inserted by No. 63/2003 s. 12. Pt 3 Div. 1A (Heading) amended by No. 68/2010 s. 17. Division 1A—Tainted property substitution order
97-108a065.docx