(b) a charge has been filed against the person for the offence— whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served. (2) A reference in this Act to the withdrawing of a S. 7(2) amended by charge includes a reference to the discontinuance No. 68/2009 of a prosecution. s. 97(Sch. item 23.10). 7A Meaning of forfeiture S. 7A derived property—civil (Heading) amended by (1) In relation to civil forfeiture, a civil forfeiture Nos 79/2014 restraining order, a civil forfeiture order or a civil s. 6(1), 27/2016 forfeiture exclusion order, derived property s. 5(1). means— S. 7A inserted by (a) property used in, or in connection with, any No. 68/2010 unlawful activity; or s. 36, amended by (b) property derived or realised, or substantially Nos 79/2014 s. 6(2), derived or realised, directly or indirectly, 27/2016 from any unlawful activity; or s. 5(2)(3) (ILA s. 39B(1)). (c) property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b). Note is defined as including any interest in property. Property See definition in section 3. (2) Without limiting subsection (1), property is S. 7A(2) inserted by derived from property of a kind referred to in No. 27/2016 subsection (1)(a) or (b) if it is, or has been, subject s. 5(3). to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using
(b) a charge has been filed against the person for the offence— whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served. S. 7(2) amended by No. 68/2009 s. 97(Sch. item 23.10). (2) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution. S. 7A (Heading) amended by Nos 79/2014 s. 6(1), 27/2016 s. 5(1). S. 7A inserted by No. 68/2010 s. 36, amended by Nos 79/2014 s. 6(2), 27/2016 s. 5(2)(3) (ILA s. 39B(1)). 7A Meaning of derived property—civil forfeiture (1) In relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, derived property means— (a) property used in, or in connection with, any unlawful activity; or (b) property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity; or (c) property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b). Note Property is defined as including any interest in property. See definition in section 3. S. 7A(2) inserted by No. 27/2016 s. 5(3). (2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using
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