(1) This Division applies where--(a) proceedings have been commenced against a person for an offence against this Act or the regulations and, as a result of those proceedings, the person may be required to pay an amount referred to in section 378ZA, or(b) proceedings have been commenced against a person under section 378ZA.
(2) In this Division--
"the defendant" means the person referred to in subsection (1) (a) or (b).