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CRIMINAL ORGANISATIONS CONTROL AND OTHER ACTS AMENDMENT ACT 2014 (NO. 55 OF 2014) - SECT 6

Determination of application for civil forfeiture restraining order

    (1)     In section 36M(a) of the Confiscation Act 1997 omit "in relation to a Schedule 2 offence".

    (2)     At the end of section 36M of the Confiscation Act 1997 insert

    "(2)     To avoid doubt, if an application under section 36K for a civil forfeiture restraining order in respect of property is made in relation to more than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify—

        (a)     in relation to which of the Schedule 2 offence or offences the property is tainted; or

        (b)     the extent to which the property is tainted in relation to each of the Schedule 2 offences.".



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