s. 40A (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the court. 40 Forfeiture of property that may be used as evidence S. 40 substituted by in trial No. 68/2010 s. 49 (as A civil forfeiture order may be made in respect of amended by No. 73/2011 any interest in property that may have evidentiary ss 21–23). value in any criminal proceedings but the property must not be disposed of or otherwise dealt with before the end of the appeal period in relation to those proceedings. Division 3—Orders for exclusion from civil forfeiture orders 40A Application for exclusion from civil forfeiture order S. 40A inserted by (1) Subject to subsections (2) and (4), if property is No. 68/2010 forfeited to the Minister under section 38, a person s. 49 (as amended by who claims to have had an interest in the property No. 73/2011 immediately before it was forfeited may apply to ss 21–23). the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order. Note Only the Supreme Court or the County Court can make a civil forfeiture order under section 38. (2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.
(a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the court. S. 40 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 40 Forfeiture of property that may be used as evidence in trial A civil forfeiture order may be made in respect of any interest in property that may have evidentiary value in any criminal proceedings but the property must not be disposed of or otherwise dealt with before the end of the appeal period in relation to those proceedings. Division 3—Orders for exclusion from civil forfeiture orders S. 40A inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 40A Application for exclusion from civil forfeiture order s. 40A (1) Subject to subsections (2) and (4), if property is forfeited to the Minister under section 38, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order. Note Only the Supreme Court or the County Court can make a civil forfeiture order under section 38. (2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.
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