Page:Organised Crime Act 2015.pdf/71

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71
NO. 26 OF 2015


Public Trustee or a receiver by such an order may only be exercised —
(i) after any pending appeal against the confiscation order has been dealt with and the order is not revoked, or the period for bringing an appeal has lapsed; and
(ii) if the confiscation order has not been fully satisfied within the period specified in the order;
(j) except as otherwise stated in this section or prescribed in paragraph (k), a reference in those provisions to a provision of the CDSA is a reference to that provision of the CDSA as applied by this section; and
(k) such other modifications as may be prescribed for the purposes of this section.

Right of appeal

71.—(1) An appeal may be made to the Court of Appeal in relation to any decision of the Court under this Part.

(2) Rules of Court may provide for the manner in which an appeal under subsection (1) may be made.

Division 5—Information-gathering powers

Application of information-gathering powers in CDSA

72.—(1) Sections 30 to 35, 42 (other than subsections (2), (2A), (7A)(b) and (8)) and 56 (other than subsection (1A)) of the CDSA also apply for the purpose of any proceeding or proposed proceeding under this Part, as they apply for the purpose of an investigation into drug dealing or criminal conduct, or (as the case may be) a drug dealing offence or serious offence, under the CDSA, subject to the modifications in subsection (2).

(2) The modifications to those provisions of the CDSA are—

(a) a reference in those provisions to an authorised officer is a reference to such law enforcement officer, or an officer within such class of law enforcement officers, as may be prescribed;