Section 6: Orders for forfeiture of property

6. Orders for forfeiture of property (1) The Commissioner of Police may make an application to a Judge in Chambers for an order of forfeiture in respect of terrorist property. (2) Notice of an application under subsection (1) shall be given to the respondents named in the application in such manner as the Judge in Chambers may direct. (3) The Commissioner of Police shall be required to name as respondents to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application. (4) If he is satisfied, on a balance of probabilities, that the property, which is the subject of the application, is terrorist property, the Judge in Chambers shall order that the property be forfeited to the State to be disposed of as directed by the Judge. (5) Where he refuses an application under subsection (1), the Judge shall make an order that describes the property and declare that it is not property referred to in that subsection. (6) On an application under subsection (1), a Judge in Chambers may require notice to be given to any person, who in the opinion of the Judge, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application. (7) If the Judge is satisfied that a person referred to in subsection (6)— (a) has an interest in the property which is the subject of the application; (b) has exercised reasonable care to ensure that the property is not the proceeds of a terrorist act, would not be used to commit or facilitate the commission of an act of terrorism and would not be used by a proscribed organisation; and (c) is not a member of a proscribed organisation, the Judge shall order that the interest shall not be affected by the order and shall declare in the order the nature and extent of the interest in question. (8) A person who claims an interest in property that has been forfeited and who has not been given notice under subsection (6) may make an application to the Supreme Court to vary or set aside an order made under subsection (4) not later than 60 days after the day on which the forfeiture order was made. [Issue 1] C45– 4 Revised Laws of Mauritius (9) Pending the determination of an appeal against an order of forfeiture made under this section, property restrained under section 5 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with the property under that section shall continue in that capacity. (10) The provisions of this section shall not affect the operation of any other provision of this Act respecting forfeiture.