s. 36Z 36Z Contravention of civil forfeiture restraining order S. 36Z inserted by A person who knowingly contravenes a civil No. 68/2010 s. 49 (as forfeiture restraining order by disposing of, or amended by otherwise dealing with, an interest in property to No. 73/2011 which the order applies is guilty of an indictable ss 21–23), amended by offence and liable to— No. 79/2014 s. 47(a). (a) level 5 imprisonment (10 years maximum); or (b) a level 5 fine (1200 penalty units maximum) S. 36Z(b) amended by or a fine not exceeding the value of the No. 79/2014 interest (as determined by the court), s. 47(b). whichever is greater— or to both. S. 36ZA 36ZA Priority given to payment of restitution or inserted by compensation No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). (1) If both a civil forfeiture restraining order and a S. 36ZA(1) amended by restraining order for the purposes of No. 55/2014 section 15(1)(e) are made in relation to the same s. 10. property and an order for restitution or compensation is made under the Sentencing Act 1991 in relation to an offence in reliance on which the civil forfeiture restraining order and the restraining order for the purposes of section 15(1)(e) are made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, in accordance with section 36ZB, to the value of the restrained property, before civil forfeiture of the property which is subject to the civil forfeiture restraining order occurs.
S. 36Z inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 79/2014 s. 47(a). 36Z Contravention of civil forfeiture restraining order s. 36Z A person who knowingly contravenes a civil forfeiture restraining order by disposing of, or otherwise dealing with, an interest in property to which the order applies is guilty of an indictable offence and liable to— (a) level 5 imprisonment (10 years maximum); or S. 36Z(b) amended by No. 79/2014 s. 47(b). (b) a level 5 fine (1200 penalty units maximum) or a fine not exceeding the value of the interest (as determined by the court), whichever is greater— or to both. S. 36ZA inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36ZA Priority given to payment of restitution or compensation S. 36ZA(1) amended by No. 55/2014 s. 10. (1) If both a civil forfeiture restraining order and a restraining order for the purposes of section 15(1)(e) are made in relation to the same property and an order for restitution or compensation is made under the Sentencing Act 1991 in relation to an offence in reliance on which the civil forfeiture restraining order and the restraining order for the purposes of section 15(1)(e) are made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, in accordance with section 36ZB, to the value of the restrained property, before civil forfeiture of the property which is subject to the civil forfeiture restraining order occurs.
97-108a070.docx