36Declaration that property has been forfeited

36 Declaration that property has been forfeited (1) If a court makes a restraining order in reliance on— S. 36(1)(a) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(a)). (a) the conviction of an accused of a Schedule 2 offence; or S. 36(1)(b) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(b)). (b) the charging or proposed charging of an accused with a Schedule 2 offence— a person may apply to the court that made that order for a declaration that property that was subject to the restraining order has been forfeited to the Minister under section 35 and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly. S. 36(2) inserted by No. 63/2003 s. 14. (2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property. Note to s. 36 inserted by No. 42/2007 s. 18(Sch. item 11). Pt 3 Div. 3 (Heading and ss 36A–36G) inserted by No. 68/2010 s. 19.