Clause 6

by deleting the word “before” in the 3rd line of subsection (2) and substituting the words “at any time after”;

by deleting subsection (3) and substituting the following subsections:“(3) The court shall not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the drug trafficking offences concerned.(3A) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order, if any, may be made by the Registrar.(3B) Any relevant evidence admitted in the proceedings against the defendant for the drug trafficking offence concerned shall, if the court or the Registrar thinks fit, be taken into account in determining the amount to be recovered under subsection (2) or (3A).”;

by inserting, immediately after the word “whether” in the 1st line of the proviso to subsection (4), the word “incurred”; and

by inserting, immediately after subsection (4), the following subsections:“(5) The presumption referred to in subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct.(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.