sec.93ZZBMaking of serious drug offender confiscation order

### sec.93ZZB Making of serious drug offender confiscation order Subject to subsection (3) , the Supreme Court must make a serious drug offender confiscation order against the prescribed respondent if the court is satisfied— the prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and the application for the order was made within 6 months after the issue of the certificate. However, the court may refuse to make the serious drug offender confiscation order if the court is satisfied it is not in the public interest to make the order. If a proceeds assessment order, unexplained wealth order or pecuniary penalty order has been made on the basis of illegal activity constituting the qualifying offence, a serious drug offender confiscation order can not be made on the basis of the qualifying offence. Assume a person has been convicted of the qualifying offence of trafficking in dangerous drugs and the Supreme Court has made an unexplained wealth order against the person because the court was satisfied there was a reasonable suspicion, based on the person’s conviction, that the person had engaged in at least 1 serious crime related activity. The court may not make a serious drug offender confiscation order against the person based on the same conviction. Subsection (3) does not limit the value of the property that may be forfeited to the State under a serious drug offender confiscation order. The court may make the ancillary orders the court considers appropriate when it makes the serious drug offender confiscation order. ancillary orders facilitating the transfer of forfeited property to the State The serious drug offender confiscation order must contain a list of all property the court has found— is subject to the order and is forfeited to the State; or is protected property and is not forfeited to the State. Subsection (6) does not limit the property that is forfeited under section 93ZZF or is protected property. s 93ZZB ins 2013 No. 21 s 42 amd 2017 No. 6 s 17 (sec.93ZZB-ssec.1) Subject to subsection (3) , the Supreme Court must make a serious drug offender confiscation order against the prescribed respondent if the court is satisfied— the prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and the application for the order was made within 6 months after the issue of the certificate. (sec.93ZZB-ssec.2) However, the court may refuse to make the serious drug offender confiscation order if the court is satisfied it is not in the public interest to make the order. (sec.93ZZB-ssec.3) If a proceeds assessment order, unexplained wealth order or pecuniary penalty order has been made on the basis of illegal activity constituting the qualifying offence, a serious drug offender confiscation order can not be made on the basis of the qualifying offence. Assume a person has been convicted of the qualifying offence of trafficking in dangerous drugs and the Supreme Court has made an unexplained wealth order against the person because the court was satisfied there was a reasonable suspicion, based on the person’s conviction, that the person had engaged in at least 1 serious crime related activity. The court may not make a serious drug offender confiscation order against the person based on the same conviction. (sec.93ZZB-ssec.4) Subsection (3) does not limit the value of the property that may be forfeited to the State under a serious drug offender confiscation order. (sec.93ZZB-ssec.5) The court may make the ancillary orders the court considers appropriate when it makes the serious drug offender confiscation order. ancillary orders facilitating the transfer of forfeited property to the State (sec.93ZZB-ssec.6) The serious drug offender confiscation order must contain a list of all property the court has found— is subject to the order and is forfeited to the State; or is protected property and is not forfeited to the State. (sec.93ZZB-ssec.7) Subsection (6) does not limit the property that is forfeited under section 93ZZF or is protected property. - (a) the prescribed respondent has been convicted of a qualifying offence for which a serious drug offence certificate has been issued and has not been cancelled; and - (b) the application for the order was made within 6 months after the issue of the certificate. - (a) is subject to the order and is forfeited to the State; or - (b) is protected property and is not forfeited to the State.