sec.58Making forfeiture order

### sec.58 Making forfeiture order The Supreme Court must make a forfeiture order if the court finds it is more probable than not that— for property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or for property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period. Subsection (1) (b) applies whether or not the person who engaged in the serious crime related activity because of which the property became serious crime derived property has been identified. However, for property mentioned in subsection (1) (b) , the court must also be satisfied the commission or, if the application is made for the State by a police officer, the commissioner of the police service, has taken reasonable steps to identify and notify anyone with an interest in the property. Also, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order. A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed. Also, the raising of a doubt whether a person engaged in a serious crime related activity is not of itself enough to avoid a finding on which a forfeiture order may be made. The forfeiture order must state the property to which it applies. Property may be excluded from the effect of a forfeiture order if it has been excluded under section 47 , 49 or 68 . The court may make the ancillary orders the court considers appropriate when it makes a forfeiture order or at a later time. ancillary orders for facilitating the transfer to the State of property forfeited to the State In this section— limitation period — means the period of 6 years before the day the application for the order is made; and includes periods before and after the commencement of this section. s 58 amd 2004 No. 43 s 3 sch (sec.58-ssec.1) The Supreme Court must make a forfeiture order if the court finds it is more probable than not that— for property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or for property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period. (sec.58-ssec.2) Subsection (1) (b) applies whether or not the person who engaged in the serious crime related activity because of which the property became serious crime derived property has been identified. (sec.58-ssec.3) However, for property mentioned in subsection (1) (b) , the court must also be satisfied the commission or, if the application is made for the State by a police officer, the commissioner of the police service, has taken reasonable steps to identify and notify anyone with an interest in the property. (sec.58-ssec.4) Also, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order. (sec.58-ssec.5) A finding of the court under subsection (1) — need not be based on a finding about the commission of a particular offence; and may be based on a finding that some offence that is a serious crime related activity was committed. (sec.58-ssec.6) Also, the raising of a doubt whether a person engaged in a serious crime related activity is not of itself enough to avoid a finding on which a forfeiture order may be made. (sec.58-ssec.7) The forfeiture order must state the property to which it applies. Property may be excluded from the effect of a forfeiture order if it has been excluded under section 47 , 49 or 68 . (sec.58-ssec.8) The court may make the ancillary orders the court considers appropriate when it makes a forfeiture order or at a later time. ancillary orders for facilitating the transfer to the State of property forfeited to the State (sec.58-ssec.9) In this section— limitation period — means the period of 6 years before the day the application for the order is made; and includes periods before and after the commencement of this section. - (a) for property restrained because of an application relating to property mentioned in section 28 (3) (a) or (b) —the prescribed respondent mentioned in that application engaged during the limitation period in a serious crime related activity; or - (b) for property restrained because of an application relating to property mentioned in section 28 (3) (c) —the property is serious crime derived property because of a serious crime related activity that happened during the limitation period. - (a) need not be based on a finding about the commission of a particular offence; and - (b) may be based on a finding that some offence that is a serious crime related activity was committed. - (a) means the period of 6 years before the day the application for the order is made; and - (b) includes periods before and after the commencement of this section.