78Disposal orders

78 Disposal orders S. 78(1) amended by No. 63/2003 s. 17(1). (1) Subject to subsection (1A), if an application is made to a court under section 77(1) for an order in respect of particular property, the court may, if it considers it appropriate, order that the property be forfeited to the State and destroyed or disposed of in such manner as is provided in the order if it is satisfied that the property is property described in that section. S. 78(1A) inserted by No. 63/2003 s. 17(2). (1A) If an application under section 77(1) is made in respect of property of the kind described in paragraph (e) of that section, the court must be satisfied as to the following matters before making a disposal order under subsection (1)— (a) that the property— (i) is of negligible value; or (ii) is not fit for the use for which it is intended and cannot be readily made fit for that use; and (b) if there is any other person who has an interest in the property to which the application relates, that the person is not likely to have any objections to the disposal of the property; and (c) that there is no other reason not to dispose of the property. It may be a reason not to dispose of the property if the property is of sentimental value to a person. (2) A court has power to give all directions that are necessary to give effect to a disposal order made by it. S. 78(3) inserted by No. 79/2006 s. 12. (3) A disposal order made in reliance on a person's conviction of a Schedule 1 offence— (a) is stayed pending the expiry of the appeal period in relation to the conviction; and S. 78(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.58). (b) ceases to have effect if on appeal the conviction is set aside. Pt 10A (Heading and ss 78A, 78B) inserted by No. 63/2003 s. 18.