s. s. 36B 36A 36A Interpretation S. 36A inserted by (1) For the purposes of this Division, property is not No. 68/2010 s. 19. available for forfeiture if the accused does not have an interest in the property. (2) In this Division— means a person who under section 16(2) applicant may apply for a restraining order in relation to a Schedule 2 offence. S. 36B 36B Application for tainted property substitution inserted by declaration No. 68/2010 s. 19. (1) If property is restrained for the purposes of automatic forfeiture and an application under section 20 is made for an exclusion order under section 22, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court. (1A) Subsection (1) applies only if an application under S. 36B(1A) inserted by section 20(1) has been made— No. 77/2013 s. 6. (a) within the period referred to in section 20(1A); or (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in section 35(1). (2) An application under subsection (1) must be made within 30 days after service on the applicant of notice of the application under section 20. (3) The court may extend the period within which an application under subsection (1) may be made, whether or not that period has expired, if it is in the interests of justice to do so.
S. 36A inserted by No. 68/2010 s. 19. 36A Interpretation s. 36A (1) For the purposes of this Division, property is not available for forfeiture if the accused does not have an interest in the property. (2) In this Division— applicant means a person who under section 16(2) may apply for a restraining order in relation to a Schedule 2 offence. S. 36B inserted by No. 68/2010 s. 19. 36B Application for tainted property substitution declaration s. 36B (1) If property is restrained for the purposes of automatic forfeiture and an application under section 20 is made for an exclusion order under section 22, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court. S. 36B(1A) inserted by No. 77/2013 s. 6. (1A) Subsection (1) applies only if an application under section 20(1) has been made— (a) within the period referred to in section 20(1A); or (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in section 35(1). (2) An application under subsection (1) must be made within 30 days after service on the applicant of notice of the application under section 20. (3) The court may extend the period within which an application under subsection (1) may be made, whether or not that period has expired, if it is in the interests of justice to do so.
97-108a070.docx