Document ID: chunk:federal_register_of_legislation:C2021C00313:section:83
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 83
Character Range: 114059–115035

83  Excluding property from restraining orders
  If:
 (a) a court makes a restraining order under Part 2‑1 of the Proceeds of Crime Act against property in respect of the crime within the jurisdiction of the ICC; 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 crime; and
 (ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the crime—the property was not proceeds of the crime; 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.