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Criminal Property Forfeiture Act 2002
94Forfeiture of declared drug trafficker's property
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94 Forfeiture of declared drug trafficker's property
(1) If a person is declared to be a drug trafficker under section 36A of
the Misuse of Drugs Act 1990:
(a) all property subject to a restraining order that is owned or
effectively controlled by the person; and
(b) all property that was given away by the person, whether
before or after the commencement of this Act;
is forfeited to the Territory.
(2) Subsection (1) applies also to a person who is taken under
section 8 to be a declared drug trafficker.
(3) The DPP may apply to the Supreme Court for a declaration that
property has been forfeited by operation of this section.
(4) If the court that is hearing an application under subsection (3) finds
that property specified in the application has been forfeited to the
Territory by operation of this section, the court must make a
declaration to that effect.
Subdivision B Crime-used property and crime-derived property