Section 13: Effect of registration of foreign confiscation order or foreign restraining
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
13. Effect of registration of foreign confiscation order or foreign restraining
order
(1) Subject to subsections (2) and (3), where an order has been registered under section 12 and the Supreme Court is notified that it has been
established to the satisfaction of a foreign Court or international criminal tribunal that the property or any part thereof constitutes the proceeds of crime
of a serious offence or of an international criminal tribunal offence, order that
the property be confiscated and be vested in the State until such arrangement is made under section 19 by the Central Authority with the foreign
State.
(2) The Court may make an order under subsection (1) on such conditions as it may deem fit to impose, including any condition as to payment of
debts, sale, transfer or disposal of any property.
(3) Any person who claims to have an interest in property subject to an
order registered under section 12 shall, within 21 days from the last publication of the registration under section 12, apply to the Court for an order under subsection (4).
(4) Where the Court is satisfied that the applicant under subsection (3)—
(a) was not in any way involved in the commission of the offence in
respect of which the confiscation or restraining order was
sought; and
(b) acquired the property without knowing, and in circumstances
such as not to arouse a reasonable suspicion, that the property
was, at the time of acquisition, tainted property,
the Court shall make an order declaring the nature of the interest of the
applicant.