165 Third party protection from automatic forfeiture
(1) A person, other than the prescribed respondent, who claims an interest in
the property may apply to the Supreme Court for a third party order or a
buy-back order.
(2) Unless the court gives leave under section 166—
(a)
the application must be made within 6 months after the property is forfeited
to the State; and
(b) the following can not apply to the court for a third
party order or a buy-back order—
(i) a person who was given notice of the
application for the relevant restraining order;
(ii) a person who appeared at
the hearing of the application for the relevant restraining order;
(iii) a
person who was given notice of the relevant restraining order.
Editor’s
note—
Sections 139, 140and 141also provide rights to apply to the
Supreme Court to exclude property from the effects of a restraining order.
(3) The applicant must give the DPP notice of the making of an application
under this section, including an application for leave to apply for a third
party order or a buy-back order.
(4) The State must be a party to the
application represented by the DPP.