sec.93ZZDSerious drug offender confiscation order may provide for discharge of encumbrance

### sec.93ZZD Serious drug offender confiscation order may provide for discharge of encumbrance This section applies if— the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order— in good faith; and for valuable consideration; and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance. The court may make the orders about the encumbrance the court considers appropriate. The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State. s 93ZZD ins 2013 No. 21 s 42 (sec.93ZZD-ssec.1) This section applies if— the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order— in good faith; and for valuable consideration; and in the ordinary course of the encumbrancee’s business; and the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance. (sec.93ZZD-ssec.2) The court may make the orders about the encumbrance the court considers appropriate. (sec.93ZZD-ssec.3) The commission or, if the application is made by a police officer, the commissioner of the police service may give the undertaking for the State. - (a) the court is satisfied an encumbrancee took an encumbrance over property to be forfeited under a serious drug offender confiscation order— (i) in good faith; and (ii) for valuable consideration; and (iii) in the ordinary course of the encumbrancee’s business; and - (i) in good faith; and - (ii) for valuable consideration; and - (iii) in the ordinary course of the encumbrancee’s business; and - (b) the State gives an undertaking to apply the proceeds of disposing of the forfeited property towards discharging the encumbrance. - (i) in good faith; and - (ii) for valuable consideration; and - (iii) in the ordinary course of the encumbrancee’s business; and