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Section 29: Exclusion of property from Order

Asset Recovery Act · PART IV: CIVIL 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.

29. Exclusion of property from Order Where a person who has an interest in property that is the subject of a Restriction Order applies to the Judge to exclude his interest from the Order, the Judge shall grant the application where he is satisfied that— (a) the property is not proceeds, 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 Restriction Order was made; (c) where the applicant acquired the interest before the commission of the offence, the applicant did not know that any person would use, or intend 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 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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