Forfeiture of declared drug trafficker's property
94 Forfeiture of declared drug trafficker's property
If a person is declared to be a drug trafficker under section
36A of the Misuse of Drugs Act 1990:
all property subject to a restraining order that is owned or effectively controlled by the person; and
all property that was given away by the person, whether before or after the commencement of this Act;
is forfeited to the Territory.
Subsection (1) applies also to a person who is taken under section 8 to be a declared drug trafficker.
The DPP may apply to the Supreme Court for a declaration that property has been forfeited by operation of this section.
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.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.