31M Freezing order to be disregarded for certain S. 31M purposes (Heading) inserted by If a financial institution is given, or has been No. 104/2003 s. 5(5)(a). given, notice of a freezing order, the fact that the S. 31M freezing order has been made must be disregarded inserted by No. 63/2003 for the purposes of the application of section 194 s. 10, or 195A of the Crimes Act 1958 in relation to the amended by No. 104/2003 institution. s. 5(5)(b). Division 1—Forfeiture on court order 32 Application for forfeiture order (1) If an accused is convicted of a Schedule 1 offence, S. 32(1) amended by the DPP or an appropriate officer may apply to the Nos 87/2004 Supreme Court or the court before which the s. 22(1)(d), 68/2009 accused was convicted of the offence for a s. 97(Sch. forfeiture order in respect of tainted property. item 23.23). (2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. (3) A court must not grant leave under subsection (2) unless it is satisfied that— (a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or (b) necessary evidence became available only after the end of the relevant period; or (c) it is otherwise in the interests of justice to do so.
S. 31M (Heading) inserted by No. 104/2003 s. 5(5)(a). S. 31M inserted by No. 63/2003 s. 10, amended by No. 104/2003 s. 5(5)(b). 31M Freezing order to be disregarded for certain purposes If a financial institution is given, or has been given, notice of a freezing order, the fact that the freezing order has been made must be disregarded for the purposes of the application of section 194 or 195A of the Crimes Act 1958 in relation to the institution. Division 1—Forfeiture on court order 32 Application for forfeiture order S. 32(1) amended by Nos 87/2004 s. 22(1)(d), 68/2009 s. 97(Sch. item 23.23). (1) If an accused is convicted of a Schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property. (2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. (3) A court must not grant leave under subsection (2) unless it is satisfied that— (a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or (b) necessary evidence became available only after the end of the relevant period; or (c) it is otherwise in the interests of justice to do so.
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