sec.39Discharge of forfeiture order by payment to Crown

### sec.39 Discharge of forfeiture order by payment to Crown Where a court that has made a forfeiture order in respect of property makes an order under section 34 (4) in respect of the forfeiture order, the payment to the Crown, while the property is still vested in the Crown, of the amount specified in the forfeiture order as the value of the property operates to discharge the forfeiture order. Where— a forfeiture order has been made in respect of property; and on application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order; the person may, while the property is still vested in the Crown pay to the Crown— if the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property; and the making of that payment by the person operates to discharge the forfeiture order. Where a forfeiture order in respect of property is discharged as provided by subsection (1) , the Minister shall arrange for the property to be returned to the person in whom it was vested immediately before the making of the forfeiture order. Where a forfeiture order in respect of property is discharged as provided by subsection (2) , the Minister shall arrange for the property to be transferred to the person who made the payment to the Crown in accordance with that subsection. (sec.39-ssec.1) Where a court that has made a forfeiture order in respect of property makes an order under section 34 (4) in respect of the forfeiture order, the payment to the Crown, while the property is still vested in the Crown, of the amount specified in the forfeiture order as the value of the property operates to discharge the forfeiture order. (sec.39-ssec.2) Where— a forfeiture order has been made in respect of property; and on application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order; the person may, while the property is still vested in the Crown pay to the Crown— if the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property; and the making of that payment by the person operates to discharge the forfeiture order. (sec.39-ssec.3) Where a forfeiture order in respect of property is discharged as provided by subsection (1) , the Minister shall arrange for the property to be returned to the person in whom it was vested immediately before the making of the forfeiture order. (sec.39-ssec.4) Where a forfeiture order in respect of property is discharged as provided by subsection (2) , the Minister shall arrange for the property to be transferred to the person who made the payment to the Crown in accordance with that subsection. - (a) a forfeiture order has been made in respect of property; and - (b) on application by a person, a court makes an order under section 37 (2) in respect of the property and an order under section 37 (3) in respect of the forfeiture order; - (c) if the Crown has already made a payment to the person in accordance with the order made under section 37 (2) —the amount specified in the forfeiture order as to the value of the property; or - (d) in any other case—the amount specified in the forfeiture order as the value of the property, reduced by the amount specified in the order made under section 37 (2) as the value of the person’s interest in the property;