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DRUGS MISUSE ACT 1986 - SECT 39
Discharge of forfeiture order by payment to Crown
39 Discharge of forfeiture order by payment to Crown
(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.
(2) Where— (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;
the person may, while
the property is still vested in the Crown pay to the Crown— (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;
and the making of that payment by the person operates to
discharge the forfeiture order.
(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.
(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.
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