Document ID: chunk:federal_register_of_legislation:C2018A00034:clause:1_40ad
Version: federal_register_of_legislation:C2018A00034
Segment Type: clause
Provision Reference: sch 1 cl 40AD
Character Range: 94959–95951

40AD  Excluding property from restraining orders
  If:
 (a) a court makes a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002 against property in respect of the Tribunal offence; and
 (b) a person having an interest in the property applies to the court under Division 3 of Part 2‑1 of that Act for an order varying the restraining order to exclude the person's interest from the restraining order;
the court must grant the application if the court is satisfied that:
 (c) in a case where the applicant is not the defendant:
 (i) the applicant was not, in any way, involved in the commission of the Tribunal offence; and
 (ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Tribunal offence—the property was not proceeds of the Tribunal offence; or
 (d) in any case—it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.