44Disposal of forfeited property

44 Disposal of forfeited property S. 44(1) amended by Nos 43/1998 s. 36(j), 55/2014 s. 32(1), 79/2014 s. 20(1), 26/2024 s. 31. (1) If property that is not money is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB then, subject to subsection (2) and to any direction under subsection (4), the Minister or a prescribed person authorised by the Minister for the purposes of this subsection must, as soon as practicable after the property vests in the Minister, sell or otherwise dispose of the property. S. 44(2) amended by Nos 43/1998 s. 36(j), 68/2009 s. 97(Sch. item 23.34), 68/2010 s. 50(1), 55/2014 s. 32(2), substituted by No. 79/2014 s. 20(2). (2) Except with the leave of the relevant court, the Minister must not— (a) dispose of, or otherwise deal with, the property; or (b) authorise any other person or body to dispose of, or otherwise deal with, the property— before the end of the appeal period, if any, or, if an application has been made under section 49, 51 or 53 for an exclusion order or under section 40A for a section 40B exclusion order or under section 40ZC for a section 40ZD exclusion order, before the final determination of the application, whichever is later. S. 44(2A) inserted by No. 79/2014 s. 20(2). (2A) For the purposes of subsection (2), the relevant court is— (a) in the case of property forfeited under a forfeiture order or a civil forfeiture order—the court which made the order; (b) in the case of property forfeited by automatic forfeiture—the court in which the accused was convicted; (c) in the case of property forfeited by unexplained wealth forfeiture—the court which made the unexplained wealth restraining order. (3) For the purposes of subsection (2), the appeal period ends— (a) in the case of a forfeiture order, when an appeal may no longer be lodged against either the forfeiture order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(b) amended by Nos 43/1998 s. 17(1)(a)(b), 55/2014 s. 32(3). (b) in the case of automatic forfeiture under section 35, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22 or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(ba) inserted by No. 55/2014 s. 32(4). (ba) in the case of automatic forfeiture under section 36GA, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22A or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(c) inserted by No. 43/1998 s. 17(2), amended by Nos 68/2010 s. 50(2), 79/2014 s. 20(3)(a). (c) in the case of a civil forfeiture order, when an appeal may no longer be lodged against either the civil forfeiture order or a refusal to make a section 36V exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined; S. 44(3)(d) inserted by No. 79/2014 s. 20(3)(b). (d) in the case of unexplained wealth forfeiture, when an appeal may no longer be lodged against a refusal to make a section 40S exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined. S. 44(3A) inserted by No. 77/2013 s. 10(1), amended by No. 55/2014 s. 32(5)(a). (3A) Despite subsection (2), the Minister is not prevented from taking the action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 49, 51 or 53 for an exclusion order or an application under section 40A for a section 40B exclusion order unless— (a) the application has been made— S. 44(3A)(a)(i) amended by No. 55/2014 s. 32(5)(b). (i) within the period referred to in section 49(2), 51(2), 53(2) or 40A(2) (as the case may be); or S. 44(3A)(a)(ii) amended by No. 55/2014 s. 32(5)(c). (ii) after that period, with the leave of the court granted under section 49(3), 51(3), 53(3) or 40A(3) (as the case may be); or S. 44(3A)(b) amended by No. 55/2014 s. 32(5)(d). (b) in the case of an application that has been made pursuant to leave granted under section 40A(4), 51(4) or 53(4) (as the case may be)—the leave was granted prior to the disposal of the property. S. 44(3B) inserted by No. 79/2014 s. 20(4). (3B) Despite subsection (2), the Minister is not prevented from taking action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 40ZC for a section 40ZD exclusion order unless the application was made within the period referred to in section 40ZC(2)(b). S. 44(4) amended by Nos 43/1998 s. 17(3), 55/2014 s. 32(6), 79/2014 s. 20(5), 55/2025 s. 3. (4) If property is forfeited under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may, before the property is dealt with under subsection (1), direct that the property be disposed of, or otherwise dealt with, as specified in the direction. (5) Without limiting subsection (4), the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction. S. 44(6) amended by Nos 43/1998 s. 36(j)(k), 55/2014 s. 32(6), 79/2014 s. 20(5), 55/2025 s. 3. (6) If property is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may give all directions that are necessary or convenient to realise the Minister's interest in the property. S. 44(7) inserted by No. 77/2013 s. 10(2). (7) For the purposes of this section, the disposal of real property includes the creation of a contractual obligation for the sale of the property. S. 44A inserted by No. 77/2013 s. 11.