36GA Automatic forfeiture of restrained property on S. 36GA declaration that person is serious drug offender inserted by No. 55/2014 (1) Property of a person that is the subject of a serious s. 29. drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the Sentencing Act 1991 that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on— (i) the conviction of the person of that offence; or (ii) the charging or proposed charging of the person with that offence or a related offence that is a serious drug offence; and (c) the restrained property is not the subject of an exclusion order under section 22A; and (d) the restrained property is not protected property. (2) Unless an application for an exclusion order under S. 36GA(2) amended by section 22A in respect of the restrained property is No. 27/2016 still pending, the restrained property is forfeited to s. 13(1)(a). the Minister on the expiry of 60 days after the later of— (a) the making of the restraining order; or (b) the making of the declaration under S. 36GA(2)(b) substituted by section 89DI of the Sentencing Act 1991. No. 27/2016 s. 13(1)(b). (3) If, on the expiry of the 60 days referred to in S. 36GA(3) amended by subsection (2), an application for an exclusion No. 27/2016 order under section 22A in respect of the s. 13(2).
S. 36GA inserted by No. 55/2014 s. 29. 36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender (1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the Sentencing Act 1991 that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on— (i) the conviction of the person of that offence; or (ii) the charging or proposed charging of the person with that offence or a related offence that is a serious drug offence; and (c) the restrained property is not the subject of an exclusion order under section 22A; and (d) the restrained property is not protected property. S. 36GA(2) amended by No. 27/2016 s. 13(1)(a). (2) Unless an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister on the expiry of 60 days after the later of— (a) the making of the restraining order; or S. 36GA(2)(b) substituted by No. 27/2016 s. 13(1)(b). (b) the making of the declaration under section 89DI of the Sentencing Act 1991. S. 36GA(3) amended by No. 27/2016 s. 13(2). (3) If, on the expiry of the 60 days referred to in subsection (2), an application for an exclusion order under section 22A in respect of the
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