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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34L Excluding property from restraining orders

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 34L

Excluding property from restraining orders

    If:

  (a)   a person (the defendant ) has been alleged, in a criminal proceeding in a foreign country, to have committed a foreign serious offence; and

  (b)   a court makes a restraining order under Part   2 - 1 of the Proceeds of Crime Act against property in respect of the offence; and

  (c)   a person having an interest in the property applies to the court under Division   3 of Part   2 - 1 of that Act for an order varying the restraining order to exclude the person's interest from the restraining order;

the court must grant the application if the court is satisfied that:

  (d)   in a case where the applicant is not the defendant:

  (i)   the applicant was not, in any way, involved in the commission of the offence; and

  (ii)   if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence--the property was neither proceeds nor an instrument of the offence; or

  (e)   in any case--it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.