Money Laundering and Proceeds of Crime Act Act No. 4/2013 (5) Where a person has died, any notice authorised or required to be given to a person under this Chapter may be given to the person’s legal personal representative. (6) A reference in this Chapter to a person’s interest in property is, if the person has died, a reference to an interest in the property that the person had immediately before his or her death. 52 Service of application for confiscation order and appearances (1) Where the Attorney-General makes an application for a confiscation order against property under section 50— (a) he or she shall serve a copy of the application on the person convicted and on any other person whom the Attorney-General has reason to believe may have an interest in the property; and (b) the person convicted and any other person claiming an interest in the property may appear and adduce evidence at the hearing of the application; and (c) at any time before its final determination of the application, the court may direct the Attorney-General to provide such notice as the court deems appropriate to any person who, in the court’s opinion, appears to have an interest in the property. (2) The absence of the person convicted, or of any person to whom notice has been given, does not prevent the court from making a confiscation order in their absence. (3) The court may waive the requirements under subsections (1) to give notice if— (a) the person convicted is before the court; and (b) the court is satisfied either that any other person who has an interest in the property is present before the court or that it is fair to waive the requirement despite any such person not being present. 53 Procedure on application for confiscation order (1) Where an application is made for a confiscation order in respect of a person's conviction of a offence, the court may, in determining the application, have regard to any evidence received in the course of the proceedings against the person convicted. (2) Where an application for a confiscation order is before the court before in which the defendant was convicted, the court, if satisfied it is reasonable to do so, may defer imposing sentence until it has determined the application. (3) Any court with jurisdiction to hear an application for a confiscation order under this Chapter may make such an order by the consent of the relevant parties or persons. (4) No applicant for a confiscation order, prosecutor or member of a law enforcement agency shall enter into an agreement to settle any matter in respect of which a confiscation order could be made under this Chapter which involves the payment of money or the transfer of property to the State, except— (a) by way of a consent order under subsection (3); or (b) as restitution for stolen property; or (c) as compensation for loss or destruction of or damage to property; or (d) with the approval of the court before which the person was convicted and before which an application for a confiscation order might be made. 54 Confiscation order on conviction (1) A confiscation order is an order in rem, following conviction for a serious offence, to forfeit to the State property that is tainted property or terrorist property in relation to that offence. (2) The court may make an order under this section if the Attorney-General has applied to the court for an order under section 50 or, in the absence of an application, if the court believes it is appropriate to make an order. - 43 -