Div 4Automatic forfeiture of property of serious drug offender

Division 4—Automatic forfeiture of property of serious drug offender S. 36GA inserted by No. 55/2014 s. 29. 36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender (1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the **Sentencing Act 1991** that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on— (i) the conviction of the person of that offence; or (ii) the charging or proposed charging of the person with that offence or a related offence that is a serious drug offence; and (c) the restrained property is not the subject of an exclusion order under section 22A; and (d) the restrained property is not protected property. S. 36GA(2) amended by No. 27/2016 s. 13(1)(a). (2) Unless an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister on the expiry of 60 days after the later of— (a) the making of the restraining order; or S. 36GA(2)(b) substituted by No. 27/2016 s. 13(1)(b). (b) the making of the declaration under section 89DI of the **Sentencing Act 1991**. S. 36GA(3) amended by No. 27/2016 s. 13(2). (3) If, on the expiry of the 60 days referred to in subsection (2), an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister— (a) if the application is refused or dismissed— (i) at the end of the period during which the person may appeal against the refusal or dismissal; or (ii) if an appeal against the refusal or dismissal is lodged—when the appeal is abandoned or finally determined without the order having been made; or (b) if the application is withdrawn or struck out—on that withdrawal or striking out. S. 36GA(4) amended by No. 27/2016 s. 13(3). (4) For the purposes of subsections (2) and (3), an application for an exclusion order under section 22A is not pending unless an application under section 20(1) has been made— (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (2). S. 36GB inserted by No. 55/2014 s. 29. 36GB Declaration that property has been forfeited (1) If a court makes a serious drug offence restraining order, a person may apply to the court that made the order for a declaration that property that was subject to the serious drug offence restraining order has been forfeited to the Minister under section 36GA and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly. (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. Pt 4 (Heading and ss 37–40) amended by Nos 43/1998 ss 16, 36(f)(g), 63/2003 s. 15, 87/2004 ss 15–17, 42/2007 s. 18(Sch. items 12–14), substituted as Pt 4 (Heading and ss 36H–40B) by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).[[1]](#endnote-2)