Base de Datos de Legislación

16. Direction to take control of property

(1) The Attorney-General may apply to the Court for a direction under subsection (3) concerning property in Kiribati if the Attorney-General has reasonable grounds to believe that the property is terrorist property.

(2) The Court—

(a) may make orders for service of the application; and

(b) may deal with the application ex parte.

(3) If the Court is satisfied that there is evidence to support the application, the Court may direct the Administrator to take custody and control of the property.

(4) The direction—

(a) must specify the property concerned; and

(b) may be subject to conditions.

(5) A person who has custody or control of property mentioned in the direction must allow the Administrator to take custody and control of the property in accordance with the direction.

17. Notice of direction

(1) Notice of the making of a direction under section 16 must be given—

(a) as soon as possible to the person who owns or controls the property, if practicable, if the person or a representative of the person is in Kiribati; and

(b) to any other person that the Attorney-General thinks may have an interest in the property.

(2) Failure to comply with subsection (1) does not affect the validity of the direction.

18. Variation, revocation or expiry of direction

(1) If the Court has made a direction under section 16, the Court may, on application by the Attorney-General or the person who owns or controls the property—

(a) make another direction under section 16 varying the conditions of the direction or the property that is subject to the direction; or

(b) revoke the direction.

(2) If the application is made by the person who owns or controls the property—

(a) the person must give reasonable written notice of the application to the Attorney-General; and

(b) before deciding on the application, the Court must hear from the Attorney-General.

(3) The Court must—

(a) if the Court decides that there are reasonable grounds to do so, revoke the direction; or

(b) if the Court decides that there are no reasonable grounds to revoke the direction, refuse the application.

(4) If the Court revokes the direction, the Attorney-General must—

(a) tell the person who owns or controls the property in writing; and

(b) tell any other person to whom the Attorney-General gave notice under section 17 (1) (b).

(5) If not earlier revoked, a direction under section 16 about property of a specified entity

expires if—

(a) for property of a specified entity — the entity ceases to be a specified entity; or

(b) a forfeiture order is made under section 24 in relation to the property.

19. Appeal

The Attorney-General or a person whose property is subject to a direction may appeal to the Court of Appeal against a decision made by the Court under this Part.

20. Further provisions on management of property of specified entities

The following sections of the Proceeds of Crime Act 2003 apply, with the following (and all other necessary) modifications, to property that is the subject of a direction under section 16, as if the direction were a restraining order under section 58 of that Act—

(a) section 58 (which provides for the contents of an order and directions to the Administrator about preserving property);

(b) section 59 (which provides for undertakings by the Attorney-General);

(c) section 63 (which provides for registration of orders);

(d) section 64 (which makes it an offence to dispose of or deal with the property in contravention of an order, knowing that the order has been made in relation to the property);

(e) section 123 (which provides for an indemnity for the Administrator, except that the indemnity must relate only to the exercise or performance, or purported exercise or performance, or omission to exercise or perform, functions, duties, and powers of the Administrator under this Act).

21. Third parties may apply for relief

(1) A person, other than the person who owns or controls the property, who claims an interest in property that is subject to a direction under section 16 may apply to the Court for an order under section 22.

(2) The person must give written notice of the application to the Attorney-General, who is a party to any proceedings on the application.

22. Court may grant relief to third party

(1) Subsection (2) applies if—

(a) a person makes an application under section 21; and

(b) the Court is satisfied that the person’s claim to the interest is valid.

(2) The Court must make an order—

(a) declaring the nature, extent, and value of the person’s interest in the property; and

(b) declaring that the interest is no longer subject to the order under section 16; and

(c) if the interest is held by the Administrator—

(i) directing the Administrator to transfer the interest to the person; or

(ii) declaring that there is payable by the Administrator to the person an amount equal to the value of the interest declared by the Court.

(3) However, the Court may, if it thinks fit, refuse to make an order if it is satisfied that—

(a) the person was knowingly involved in any way in the carrying out of the terrorist acts that are the basis of the designation of the entity as a specified entity, or is an entity that is wholly owned or effectively controlled, directly or indirectly, by the specified entity; or

(b) if the person acquired the interest at the time of or after the designation of the entity as a specified entity, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, property subject to a direction under section 16.