Variation of forfeiture orders

(1) If the court is satisfied as to any matter relevant for determining the amount which might be realised at the time when the forfeiture order is made, whether by acceptance under section 33 or otherwise, the court may issue a certificate stating the court’s opinion as to the matters concerned. (2) If, on an application by the defendant in respect of a forfeiture order, the court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order, the court shall issue a certificate to that effect, giving the court’s reasons. (3) For the purposes of sub-section (2)– (a) in the case of realisable property held by a person who has been adjudged bankrupt or 63 whose estate has been sequestrated, the court shall take into account the extent to which any property held by him may be distributed among creditors; and (b) the court may disregard any inadequacy in the realisable property which appears to the court to be attributed wholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by this Act from any risk or realisation under this Act. (4) Where the court issues a certificate under sub-section (1), the court shall substitute for the amount to be recovered under the forfeiture order such lesser amount as the court thinks just in all the circumstances of the case.