Document ID: chunk:federal_register_of_legislation:C2018C00169:section:23a:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 23A (pt 2/2)
Character Range: 59522–61335

in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property in relation to a foreign or international offence;
the court shall make an order:
 (c) declaring the nature, extent and value (as at the time when the order is made) of the applicant's interest in the property; and
 (d) either:
 (i) directing the Commonwealth to transfer the interest to the applicant; or
 (ii) declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph (c).
 (8) Subject to subsection (9), an application under subsection (3) shall be made before the end of 6 weeks beginning on the day when the foreign or international forfeiture order is registered in the court.
 (9) The court may grant a person leave to apply under subsection (3) outside the period referred to in subsection (8) if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.
 (10) A person who applies under subsection (3) shall give to the DPP and the Minister notice, as prescribed, of the application.
 (11) The DPP shall be a party to proceedings on an application under subsection (3) and the Minister may intervene in such proceedings.
 (12) In this section:
foreign or international forfeiture order means:
 (a) the foreign forfeiture order mentioned in subsection (1) in relation to which this section applies; or
 (b) the order mentioned in subsection (1A) in relation to which this section applies;
as the case may be.
foreign or international offence means:
 (a) a foreign serious offence; or
 (b) a Tribunal offence within the meaning of the International War Crimes Tribunals Act 1995;
as the case requires.

Division 3—Pecuniary penalty orders