Prescribed drug offenders
56A Prescribed drug offenders
Immediately on a person becoming a prescribed drug offender, a forfeiture order (a deemed forfeiture order) will be taken to have been made under Subdivision
1 by the convicting court.
A deemed forfeiture order applies to all property owned by, or subject to the effective control of, the prescribed drug offender on the conviction day for the conviction offence (including property that is subject to a restraining order) other than the following:
protected property of the prescribed drug offender;
property that has been excluded from a restraining order under Part
3 Division 3;
property that is otherwise forfeited to the Crown under this Act.
Except as provided in subsection (4), section 59A, section 59B and section 209A, this Act applies to a deemed forfeiture order in all respects as if it were a forfeiture order made under section 47(3)(a) in relation to conviction for the conviction offence, subject to such modifications as may be prescribed, or as may be necessary for the purpose.
Any power that may be exercised by a court that is hearing or that is to hear an application for a forfeiture order may be exercised, in relation to a deemed forfeiture order, by the convicting court at any time within the period of 6 months (or such longer period as may be allowed by the convicting court) after the conviction day for the conviction offence.
In this section—
convicting court, in relation to a prescribed drug offender, means the court that convicted the prescribed drug offender of the conviction offence.
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.