Singapore legislation

Clause 70

Application of CDSA provisions

(1)

The following provisions of the CDSA apply in relation to a restraint order, a charging order, a confiscation order, and an application for any of these orders, as well as for the purpose of enabling the satisfaction of a confiscation order, as they apply in relation to a restraint order, a charging order and a confiscation order under the CDSA and an application for any of those orders, and for the purpose of enabling the satisfaction of a confiscation order under the CDSA, subject to the modifications in subsection (3):Sections 10(2) to (6)(a), 11, 12(1) to (6) and (9)(b), 15(2A), 16(2), (3), (6), (8) and (9), 17(4) to (7), 18, 19(3) to (9), 20, 21, 22 (other than subsection (4)(b)), 23, 24 and 25.

(2)

The provisions of this Part are, accordingly, to be read subject to the provisions of the CDSA referred to in subsection (1), as modified by subsection (3).

(3)

The modifications to the provisions of the CDSA referred to in subsections (1) and (2) are —

(a)

a reference in those provisions to the defendant is a reference to the subject;

(b)

a reference to the court in those provisions (other than section 12(5) of the CDSA) is a reference to the Court;

(c)

a reference in those provisions to realisable property under the CDSA is a reference to realisable property as defined in section 46(1);

(d)

a reference in those provisions to a gift caught by the CDSA is a reference to a gift caught by this Part;

(e)

a reference in those provisions to the benefits derived by the defendant from drug dealing or from criminal conduct is a reference to the benefits derived by the subject from organised crime activity;

(f)

a reference in section 12(9)(b) of the CDSA to the circumstances under section 12(9)(a) of the CDSA is a reference to the circumstances under section 47(3);

(g)

a reference in those provisions to a receiver appointed under section 16 or 19 of the CDSA is a reference to a receiver appointed under that provision of the CDSA as applied by this section;

(h)

a reference in section 18(4) of the CDSA to section 17(8) of the CDSA is a reference to section 59(5);

(i)

an application to the Court to exercise the powers conferred by section 19(3) to (7) of the CDSA may be made, and those powers may be exercised, after the confiscation order is made and either in the same proceedings or in separate proceedings, except that an order under any of those provisions of the CDSA may only take effect, and any power conferred on the 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.

Read in full context — Organised Crime Bill →