Subdiv 1ADeemed forfeiture orders

Subdivision 1A—Deemed forfeiture orders 56A—Prescribed drug offenders (1) Immediately on a person becoming a prescribed drug offender, a forfeiture order (a deemed forfeiture order) will be taken to have been made under Subdivision 1 by the convicting court. (2) A deemed forfeiture order applies to all property owned by, or subject to the effective control of, the prescribed drug offender on the conviction day for the conviction offence (including property that is subject to a restraining order) other than the following: (a) protected property of the prescribed drug offender; (b) property that has been excluded from a restraining order under Part 3 Division 3; (c) property that is otherwise forfeited to the Crown under this Act. (3) Except as provided in subsection (4), section 59A, section 59B and section 209A, this Act applies to a deemed forfeiture order in all respects as if it were a forfeiture order made under section 47(3)(a) in relation to conviction for the conviction offence, subject to such modifications as may be prescribed, or as may be necessary for the purpose. (4) Any power that may be exercised by a court that is hearing or that is to hear an application for a forfeiture order may be exercised, in relation to a deemed forfeiture order, by the convicting court at any time within the period of 6 months (or such longer period as may be allowed by the convicting court) after the conviction day for the conviction offence. (5) In this section— convicting court, in relation to a prescribed drug offender, means the court that convicted the prescribed drug offender of the conviction offence. 56AB—Prescribed drug offender to provide information as to interests in property If property owned by, or subject to the effective control of, a prescribed drug offender becomes subject to a deemed forfeiture order under section 56A, the prescribed drug offender must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying— (a) names and contact information for any persons or other entities who hold an interest in the property; and (b) any other particulars of a kind prescribed by the regulations. Maximum penalty: $2 500 or imprisonment for 6 months. 56B—Court may declare that property has been forfeited under this Subdivision A court may declare that particular property has been forfeited under this Subdivision if— (a) the DPP applies to the court for the declaration; and (b) the court is satisfied that the property is forfeited under this Subdivision.