(1) A court may, on
application by any person, make an order that property to which this Division
applies--
(a) be delivered to the person who appears to be lawfully entitled
to the property, or
(b) if that person cannot be ascertained, be dealt with
as the court thinks fit.
(2) In determining an application the court may do
any one or more of the following things--
(a) adjust rights to property as
between people who appear to be lawfully entitled to the same property or the
same or different parts of property (including adjusting rights by
extinguishing, whether in whole or in part, any interests in the property of
such persons),
(b) make a finding or order as to the ownership and delivery
of property,
(c) make a finding or order as to the liability for and payment
of expenses incurred in keeping property in police custody,
(d) order, if the
person who is lawfully entitled to the property cannot be ascertained, that
the property be forfeited to the Crown,
(e) make any necessary incidental or
ancillary orders.
(3) Property ordered to be forfeited to the Crown--
(a) in
the case of money, is to be paid to the Treasurer for payment into the
Consolidated Fund, or
(b) in any other case, may be sold by or on behalf of
the Commissioner at public auction and the proceeds of sale are to be paid to
the Treasurer for payment into the Consolidated Fund.
(4) If the property is
not money or is not fit or suitable for sale, or fails to sell at public
auction, it is to be disposed of in accordance with the directions of the
Commissioner.
(5) An order under subsection (2)(a) that provides for the
extinguishment, whether in whole or in part, of any interest in property
operates to extinguish the interest according to its tenor.
