s. 35B 36 Declaration that property has been forfeited S. 36 amended by (1) If a court makes a restraining order in reliance Nos 43/1998 on— s. 36(e), 63/2003 s. 14 (ILA s. 39B(1)). (a) the conviction of an accused of a Schedule 2 S. 36(1)(a) amended by offence; or Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(a)). (b) the charging or proposed charging of an S. 36(1)(b) amended by accused with a Schedule 2 offence— Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(b)). a person may apply to the court that made that order for a declaration that property that was subject to the restraining order has been forfeited to the Minister under section 35 and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly. (2) An applicant under this section for a declaration S. 36(2) inserted by that property has been forfeited is not required to No. 63/2003 give notice of the application to any person who s. 14. has an interest in the property. Note Note to s. 36 inserted by Section 14 provides that a restraining order may be made in No. 42/2007 s. 18(Sch. respect of property or an interest in property. item 11). Division 3—Tainted property substitution Pt 3 Div. 3 (Heading and forfeiture ss 36A-–36G) inserted by No. 68/2010 s. 19.
S. 36 amended by Nos 43/1998 s. 36(e), 63/2003 s. 14 (ILA s. 39B(1)). 36 Declaration that property has been forfeited s. 35B (1) If a court makes a restraining order in reliance on— S. 36(1)(a) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(a)). (a) the conviction of an accused of a Schedule 2 offence; or S. 36(1)(b) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(b)). (b) the charging or proposed charging of an accused with a Schedule 2 offence— a person may apply to the court that made that order for a declaration that property that was subject to the restraining order has been forfeited to the Minister under section 35 and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly. S. 36(2) inserted by No. 63/2003 s. 14. (2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property. Note to s. 36 inserted by No. 42/2007 s. 18(Sch. item 11). Note Section 14 provides that a restraining order may be made in respect of property or an interest in property. Pt 3 Div. 3 (Heading and ss 36A-–36G) inserted by No. 68/2010 s. 19. Division 3—Tainted property substitution forfeiture
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