19Discharge of forfeiture orders

### 19 Discharge of forfeiture orders > > (1)  In this section – > > > > > > (a) a reference to the return of property includes, without limiting the meaning of that expression, the return of land, or the return of an estate or interest in land, by a conveyance, transfer or other appropriate transaction; and > > > > > > > (b) a reference to a person who had possession of property includes a reference to a person who is entitled to the property. > > > (2)  A forfeiture order is discharged if – > > > > > > (a) the conviction in reliance on which the order is made is subsequently quashed; or > > > > > > > (b) the order is discharged by the court that hears an appeal against it under [section 72](#GS72@EN) . > > > (3)  The payment to the State of the amount specified in a forfeiture order as the value of the property in respect of which the forfeiture order is made operates, except in so far as a court otherwise directs, to discharge the forfeiture order. > > > (4)  If a forfeiture order in respect of property is discharged, whether on an appeal against the making of the forfeiture order or as provided by this section, the person who had possession of the property before it was taken by or on behalf of the State may apply in writing to the Attorney-General for the return of the property. > > > (5)  On receipt of an application from a person for the return of property under [subsection (4)](#GS19@Gs4@EN) , the Attorney-General is – > > > > > > (a) if the property is still in the possession of the State – to arrange for the property to be returned to the person; or > > > > > > > (b) in any other case – to pay the person the amount realized on disposal of the property by the State. > > > (6)  If – > > > > > > (a) a person applies to the Attorney-General under [subsection (4)](#GS19@Gs4@EN) for the return of property that is in the possession of the State; and > > > > > > > (b) under [section 18](#GS18@EN) , an amount has been paid to another person in respect of that other person's interest in the property – > > > > then, notwithstanding [subsection (5)](#GS19@Gs5@EN) , the Attorney-General is to inform the applicant that the property will be returned to the applicant on payment to the State of an amount equal to the amount paid as mentioned in [paragraph (b)](#GS19@Gs6@Hpb@EN) and, if that amount is paid to the State, the Attorney-General is to arrange for the property to be so returned. > > > (7)  If – > > > > > > (a) a person applies to the Attorney-General under [subsection (4)](#GS19@Gs4@EN) for the return of property that is not in the possession of the State; and > > > > > > > (b) under [section 18](#GS18@EN) , an amount has been paid to another person in respect of that other person's interest in the property – > > > > then, notwithstanding [subsection (5)](#GS19@Gs5@EN) , there is payable to the applicant the amount realized on disposal of the property by the State, reduced by an amount equal to the amount referred to in [paragraph (b)](#GS19@Gs7@Hpb@EN) .