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23. Application for forfeiture order

(1) The Attorney-General may apply to the Court for a forfeiture order against terrorist property.

(2) The Attorney-General must—

(a) name as respondents to the application only those persons who are known to own or control the property the subject of the application; and

(b) give notice of the application to each respondent in the manner directed by the Court.

(3) The Court may, at any time before the final determination of the application, make orders for —

(a) service of the application on any person whom the Court thinks has an interest in the property; and

(b) publication of notice of the application.

(4) Any person who claims an interest in the property may appear and present evidence at the hearing of the application.

24. Making forfeiture order

(1) If the Court is satisfied, on the balance of probabilities, that the property the subject of the application is terrorist property, the Court must order that the property be forfeited to the Republic.

(2) If the Court is satisfied that a person mentioned in section 23(2)(a) or section 23(3)(a)—

(a) has an interest in the property the subject of the application; and

(b) has exercised reasonable care to ensure that the property is not terrorist property; and

(c) is not a member of a specified entity,

the Court must order that the interest is not affected by the order and declare the nature and extent of the interest.

(3) If the Court makes a forfeiture order, the Court may give any directions that are necessary or convenient to give effect to the order.

(4) If the Court refuses to make a forfeiture order, the Court must make an order that describes the property and declares that it is not terrorist property.

25. Effect of forfeiture order

(1) If the Court makes a forfeiture order against property (other than registrable property), the order vests the property absolutely in the Republic.

(2) If the Court makes a forfeiture order against registrable property—

(a) the order vests the property in the Republic in equity, but does not vest it in the Republic at law until the applicable registration requirements have been complied with; and

(b) the Republic is entitled to be registered as owner of the property; and

(c) the Attorney-General may do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Republic as owner, including the execution of any necessary instrument; and

(d) the Attorney-General may do anything necessary or convenient to give notice of, or otherwise protect, the Republic’s equitable interest in the property; and

(e) anything done by the Attorney-General under paragraph (d) is not a dealing for the purposes of subsection (3)(a).

(3) If the Court makes a forfeiture order against property (including registrable property)—

(a) the property must not, except with the leave of the Court and in accordance with any directions of the Court, be disposed of, or otherwise dealt with, by or for the Republic, before six months after the forfeiture order was made; and

(b) the property may be disposed of, and the proceeds applied or otherwise dealt with as the Attorney-General directs, after six months after the forfeiture order was made.

26. Protection of third parties

(1) A person who claims an interest in property that has been forfeited and who has not been given notice under section 23(2)(a) or section 23(3)(a) may apply to the Court, within six months after the forfeiture order was made, for an order under subsection (4).

(2) The person must give reasonable written notice of the application to the Attorney-General.

(3) The Attorney-General—

(a) is a party to the proceedings in an application under subsection (1); and

(b) may make an application under subsection (1) for a person..

(4) If a person applies to the Court for an order about the person’s interest in property, the Court must make an order declaring the nature, extent and value (as at the time the order is made) of the person’s interest if the Court is satisfied in accordance with section 24(2).

(5) An appeal lies to the Court of Appeal from an order under subsection (4).

27. Return of property

(1) The Attorney-General must, on application by a person who has obtained an order under section 26(4), if the period for appeals has expired and any appeal from that order has been determined or has lapsed—

(a) return the property, or the part of it to which the interest of the applicant relates, to the applicant; or

(b) if the interest in the property is no longer vested in the Republic, pay an amount equal to the value of the interest of the applicant, as declared in the order, to the applicant.

(2) Subsection (1) does not apply to any property returned, or amount paid, to the person under section 22.

28. Appeal

The Attorney-General or a person affected by a decision made by the Court under this Part may appeal to the Court of Appeal against the decision.