No. 21
Prevention of Terrorism
2002
42-(1) Where the Court is satisfied, on an ex parte application,
that there are reasonable grounds to believe that there is in any building,
place or vessel, any property in respect of which an order of forfeiture
may be made under section 43, it will issue(a) a warrant authorising a Police officer to search the building, place
or vessel for that property and to seize that, property if found, and
any other property in respect of which that police officer believes,
on reasonable grounds, that an Order Of forfeiture may be made
under section 35;
(b) a restraint order prohibiting any person from disposing of, or
otherwise dealing with any interest in that property, other than as
may be specified in the order.
(2) On an application made under subsection (1), the Court may, at
the request of the Attorney General and, if the Court is of the opinion
that the circumstances so require(a) appoint a person to take control of, and manage or otherwise deal
with, the whole or a Part of the property, in accordance with the
directions of the Court;
(b) require any person having possession of the property to give possession thereof to the person appointed under paragraph (a).
(3) The power to manage or otherwise deal with the property under
subsection (2) includes (a) in the case of perishable or rapidly depreciating property, the
power to sell that property-, and
(b) in the case of the property that has little or no value, the power to
destroy that property.
(4) Before a person appointed under subsection (2) destroys any
property referred to subsection 3(b), he shall apply to the Court for a
destruction order.
(5) Before making a destruction order in relation to any property,
the Court shall require notice to be given, in such manner as the Court
may direct, to any person who, in the opinion of the Court., appears to
have an interest in the property and may provide that person with a reasonable opportunity to be heard.
29
Orders for
seizure and
restraint of
property
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