Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 37

37. Section 31 of the Principal Act is amended:

   (a)  by omitting from subparagraph (6) (a) (i) "and";

   (b)  by inserting after subparagraph (6) (a) (i) the following
        subparagraph:

"(ia) the applicant's interest in the property is not subject to the effective
control of the defendant; and";

   (c)  by omitting subparagraph (6) (b) (i) and substituting the following
        subparagraph:

"(i) the property was not used in, or in connection with, any unlawful
activity and was not derived or realised, directly or indirectly, by any
person from any unlawful activity;";

   (d)  by inserting after subsection (7) the following subsections:

"(7A) A person who makes an application under subsection (1) in respect of
property shall give notice to the DPP and the Minister, as prescribed, of the
making of the application.

"(7B) The DPP shall be a party to any proceedings upon an application under
subsection (1) and the Minister may intervene in any such proceedings."; and

   (e)  by inserting in subsection (8) the following definition:

"'defendant', in relation to property forfeited to the Commonwealth under
section 30, means the person by virtue of whose conviction the property is
forfeited;".