Section 36: Failure to notify

36. Failure to notify (1) Any person affected by a Recovery Order who was entitled to receive notice of the application for the Order under section 34 (2), but did not receive the notice, may, within 45 days after the last publication of the notice under section 35 (4), apply for an order excluding his interest in the property concerned from the operation of the Order, or varying the operation of the Order in respect of that property. (2) An application under subsection (1) shall be accompanied by an affidavit setting out— (a) the nature and extent of the applicant’s right, title or interest in the property concerned; (b) the time and circumstances of the applicant’s acquisition of the right, title, or interest in the property; A23A – 23 [Issue 5] Asset Recovery Act (c) any additional facts supporting the application; and (d) the relief sought. (3) The application and the affidavit shall be served on the Enforcement Authority which shall be entitled to appear at the hearing of the application. (4) The hearing of the application shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the application. (5) The Court may consolidate the hearing of the application with the hearing of any other application filed under this section. (6) The Court may make an order under subsection (1) where it finds that the applicant for such an order— (a) had acquired the interest concerned lawfully; and (b) neither knew nor had reasonable ground to suspect that the property in which the interest is held is proceeds, an instrumentality or terrorist property.