(1) Despite the provisions of section 28 of the Drugs (Prevention of Misuse) Act and subject to subsection (2), where a person is convicted of a criminal conduct committed after the coming into force of this Act, the Director of Public Prosecutions shall apply to the Court for one or both of the following orders— (Amended by Act 4 of 2010)
(a) a forfeiture order against property that is tainted property in respect of the criminal conduct; (Amended by Act 4 of 2010)
(b) a confiscation order against the person in respect of benefits derived by the person from the commission of the criminal conduct. (Amended by Act 4 of 2010)
(2) The Director of Public Prosecutions shall not make an application after the end of the relevant application period in relation to the conviction or in any case where forfeiture has been effected under the provisions of the Drugs (Prevention of Misuse) Act.
(3) An application under this section may be made in respect of one or more than one criminal conduct. (Amended by Act 4 of 2010)
(4) Where an application under this section is finally determined, no further application for a forfeiture order or a confiscation order may be made in respect of the offence for which the person was convicted unless the Court gives leave for the making of a new application on being satisfied—
(a) that the property, or benefit to which the new application relates was identified after the previous application was determined;
(b) that necessary evidence became available after the previous application was determined; or
(c) that it is in the interests of justice that the new application be made.