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23. In section 38–
(a)in subsection (1)–
(i)the definitions of “authorised government department”, “drug trafficking offence” and “interest” shall be omitted;
(ii)before the definition of “constable” there shall be inserted the following words:
““a court of the United States of America” means a court of the United States of America or of any of its states or territories;”; and
(iii)after the definition of “drug trafficking” there shall be inserted the following words:
““proceeds of drug trafficking” includes any payments or other rewards received by a person at any time (whether before or after the commencement of the Drug Trafficking Offences Act 1986 (United States of America) Order 1989) in connection with drug trafficking carried on by him or another;”;
(b)in subsection (2) for the list of expressions and relevant provisions there shall be substituted the following list:
“Expression | Relevant provision |
---|---|
Charging order | Section 9(2) |
Confiscation order | Section 1 |
Dealing with property | Section 8(7) |
Defendant | Section 1 |
Realisable property | Section 5(1) |
Restraint order | Section 8(1)”; |
(c)subsections (4) and (10) shall be omitted;
(d)in subsection (11), for the words from “are instituted” to the end of the subsection, there shall be substituted the words “the United States when an indictment, information or complaint has been filed against a person in respect of an offence.”; and
(e)in subsection (12)(b), for the words from “payment” to the end of the subsection there shall be substituted the words “the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise).”.
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