38Determination of application for civil forfeiture order

38 Determination of application for civil forfeiture order (1) On an application under section 37(1) for a civil forfeiture order, the court which made the civil forfeiture restraining order must order that the restrained property be forfeited to the Minister if the court is satisfied that— (a) the requirements of section 37 as to notice of the application have been complied with; and (b) not less than 30 days have elapsed since the last notice given in accordance with section 37; and (c) there are no pending applications for a section 36V exclusion order in relation to the restrained property. S. 38(1A) inserted by No. 77/2013 s. 8. (1A) For the purposes of subsection (1), an application for a section 36V exclusion order is not pending unless an application under section 36U(1) has been made— (a) within the period referred to in section 36U(2); or (b) where, under section 36U(3), the court has extended the period within which the application may be made—within the period as so extended. S. 38(2) amended by No. 55/2014 s. 15. (2) The court may exclude particular property or any particular interest in property from the operation of a civil forfeiture order if satisfied that otherwise undue hardship may reasonably be likely to be caused to any person by the order. (3) A civil forfeiture order must specify the interests in property to which it applies. (4) Subject to any rules of court, the court may take into account in determining the application any material that it thinks fit. (5) The making of a civil forfeiture order does not prevent the making of a pecuniary penalty order. S. 39 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).