s. s. 54 55 (d) the applicant's interest in the property was S. 54(1)(d) not subject to the effective control of the substituted by No. 42/2007 person who is suspected to have committed s. 12(2). the Schedule 2 offence on the earlier of the date on which that person was charged with the Schedule 2 offence (if such a charge was filed) or the date that the restraining order was made in relation to the property; and (e) where the applicant acquired the interest, directly or indirectly, from the person who is suspected to have committed the Schedule 2 offence, that it was acquired for sufficient consideration. (2) If the Court makes an order under subsection (1), S. 54(2) amended by it may also make an order declaring the nature, No. 87/2004 extent and value of the applicant's interest in the s. 18(6). property. _______________ 55 Application to Minister for return of property or payment of value (1) If— (a) a forfeiture order is discharged in the manner referred to in section 46(1)(a), (b) or (c); or (b) automatic forfeiture is discharged in the manner referred to in section 47(1)(a), (b) or (c); or (c) a civil forfeiture order is discharged in the manner referred to in section 48(1)(a)— any person who claims to have had an interest in the property immediately before it was forfeited may apply in writing to the Minister for the transfer of the interest to the person.
S. 54(1)(d) substituted by No. 42/2007 s. 12(2). (d) the applicant's interest in the property was not subject to the effective control of the person who is suspected to have committed the Schedule 2 offence on the earlier of the date on which that person was charged with the Schedule 2 offence (if such a charge was filed) or the date that the restraining order was made in relation to the property; and s. 54 (e) where the applicant acquired the interest, directly or indirectly, from the person who is suspected to have committed the Schedule 2 offence, that it was acquired for sufficient consideration. S. 54(2) amended by No. 87/2004 s. 18(6). (2) If the Court makes an order under subsection (1), it may also make an order declaring the nature, extent and value of the applicant's interest in the property. _______________ 55 Application to Minister for return of property or payment of value s. 55 (1) If— (a) a forfeiture order is discharged in the manner referred to in section 46(1)(a), (b) or (c); or (b) automatic forfeiture is discharged in the manner referred to in section 47(1)(a), (b) or (c); or (c) a civil forfeiture order is discharged in the manner referred to in section 48(1)(a)— any person who claims to have had an interest in the property immediately before it was forfeited may apply in writing to the Minister for the transfer of the interest to the person.
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