Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Instrument forfeiture orders
142HCourt may order declaration of ownership to be completed
If a court is considering whether or not to make an instrument forfeiture order, the court may order that the offender, or any other person, complete a declaration of ownership before making the order.
The declaration of ownership must specify—
- whether the offender owns, or has any interest in, the property in question at the relevant date; and
- whether any other person owns, or has any interest in, the property at the relevant date, and, if so, the name of that person and the nature of that interest; and
- whether the offender has ceased to be the owner of, or to have any interest in, the property in question at any time subsequent to the commission of the offence but before the date of his or her conviction; and
- if the offender has disposed of his or her interest in the property in question during the period referred to in paragraph (c), to whom the ownership or interest in the property was disposed, the relationship of that person to the offender, and the consideration received by the offender.
If a court does not make an order under this section that does not affect the validity of any other order of the court.
In this section, relevant date means the date on which the offender was convicted of the qualifying instrument forfeiture offence.
Notes
- Section 142H: inserted, on , by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).