(1) The Director of Public Prosecutions shall apply to the Court for an order for the forfeiture of any property owned by, or in the possession or control of, a person who is convicted of an offence under this Act.
(2) Where an application is made under subsection (1) and the Court is satisfied that a person convicted of an offence under this Act owns or is in possession or control of property that is derived from the offence of money laundering, the Court shall grant the forfeiture order applied for.
(3) In determining whether or not property is derived from money laundering, the standard of proof required for the purposes of subsections (4) or (5) is on a balance of probabilities.
(4) Where it is proved that property which is the subject of a forfeiture order made under subsection (1) is not derived from money laundering, the Court shall return the property to the person.
(5) For the purposes of subsection (4), the burden of proof lies on the person who owns or is in possession or control of the property.
(6) In making a forfeiture order, the Court may give directions —
(a) for the purpose of determining a dispute as to the ownership of or other interest in the property or a part of the property; and
(b) as to the disposal of the property.
(7) Upon application to the Court by a person against whom a forfeiture order has been made under this section, the Court may require that a sum deemed by the Court to be the value of the property ordered to be forfeited, be paid by that person to the Court and upon satisfactory payment of that sum by that person, the property ordered to be forfeited shall be returned to that person.
(8) A fund to be known as the Forfeiture Fund must be established under the administration and control of the Accountant General.
(9) Forty percent of the proceeds from the sale of all property forfeited under this section must be deposited in the Forfeiture Fund.
(10) Fifty percent of all proceeds deposited in the Forfeiture Fund under subsection (9) must be allocated to the Authority to be used for the advancement of its work.
(11) Fifty percent of all proceeds deposited in the Forfeiture Fund under subsection (9) must be allocated to the Advisory Council on the Misuse of Drugs to be used for the advancement of its work.