indirectly, that it was acquired for sufficient consideration; or (b) if the court is satisfied that the property is not S. 52(1)(b) amended by tainted property or derived property and No. 42/2007 that— s. 11(2). (i) the applicant's interest in the property S. 52(1)(b)(i) substituted by was not subject to the effective control No. 42/2007 of the accused on the earlier of the date s. 11(4), amended by that the accused was charged with the No. 68/2009 Schedule 2 offence or the date that the s. 97(Sch. item 23.40). restraining order was made in relation to the property; and (ii) where the applicant acquired the S. 52(1)(b)(ii) amended by interest from the accused, directly or No. 68/2009 indirectly, that it was acquired for s. 97(Sch. item 23.40). sufficient consideration. (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 53 Application for exclusion from automatic forfeiture S. 53 amended by of property of serious drug offender Nos 43/1998 s. 36(n), (1) If property is forfeited to the Minister under 87/2004 s. 18(1)–(4), section 36GA, a person (other than the accused) 79/2006 s. 11, who claims to have had an interest in the property 42/2007 s. 18(Sch. immediately before it was forfeited may, subject item 16), to subsections (2) and (4), apply to the court that repealed by No. 68/2010 made the relevant serious drug offence restraining s. 51, order for an order under section 54. new s. 53 inserted by (2) The application must, subject to subsection (3), be No. 55/2014 s. 35. made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. (3) Subject to subsection (6), the court that made the relevant serious drug offence restraining order may grant a person leave to apply after the end of
indirectly, that it was acquired for sufficient consideration; or S. 52(1)(b) amended by No. 42/2007 s. 11(2). (b) if the court is satisfied that the property is not tainted property or derived property and that— S. 52(1)(b)(i) substituted by No. 42/2007 s. 11(4), amended by No. 68/2009 s. 97(Sch. item 23.40). (i) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 52(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration. (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. S. 53 amended by Nos 43/1998 s. 36(n), 87/2004 s. 18(1)–(4), 79/2006 s. 11, 42/2007 s. 18(Sch. item 16), repealed by No. 68/2010 s. 51, new s. 53 inserted by No. 55/2014 s. 35. 53 Application for exclusion from automatic forfeiture of property of serious drug offender (1) If property is forfeited to the Minister under section 36GA, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant serious drug offence restraining order for an order under section 54. (2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. (3) Subject to subsection (6), the court that made the relevant serious drug offence restraining order may grant a person leave to apply after the end of
97-108a082.docx