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Section 13: Exclusion of property from Order

Asset Recovery Act · PART III: CONVICTION-BASED ASSET RECOVERY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Exclusion of property from Order Any person who has an interest in any property that is subject of a Restraining Order may apply to a Judge to exclude his interest from the Order, and the Judge shall grant the application where he is satisfied that— (a) the property is not proceeds or an instrumentality or terrorist property; (b) the applicant was not in any way involved in the commission of the offence in relation to which the Order was made; (c) where the applicant acquired the interest before the commission of the offence, he did not know that any person would use, or intended to use, the property in or in connection with the commission of the offence; or (d) where the applicant acquired the interest at the time of or after the commission of the offence, the interest was acquired in circumstances which would not arouse a reasonable suspicion that the property was proceeds, an instrumentality or terrorist property.

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