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Criminal Property Forfeiture Act 2002
9Court may declare deceased person to be drug trafficker
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9 Court may declare deceased person to be drug trafficker
(1) The DPP may apply to the Supreme Court for a declaration under
this section that a deceased person is taken to be a declared drug
trafficker for this Act.
(2) An application under subsection (1) can only be made if:
(a) a person had been charged with an offence specified in
section 36A(6) of the Misuse of Drugs Act 1990; and
(b) the person could have been declared to be a drug trafficker
under section 36A of that Act if he or she was convicted of the
offence; and
(c) before the charge was disposed of or finally determined, the
person died.
(3) On hearing an application under subsection (1), if the court is
satisfied that it is more likely than not that the deceased person,
had he or she not died, would have been declared under
section 36A of the Misuse of Drugs Act 1990 to be a drug trafficker,
the court must make a declaration to that effect.