30
No. 21
Prevention of Terrorism
2002
(6) The Court may order that any property in respect of which an
application is made under subsection (4), be destroyed if it is satisfied
that the property has little or no financial or other value.
(7) A management order under subsection (2), shall cease to have
effect when the property which is the subject of the management order
is returned to an applicant in accordance with the law or when it is forfeited to the United Republic.
(8) The Attorney General may at any time apply to the Court to
cancel or vary a warrant or order issued under this section.
Orders for
forfeiture
of property
43-(1) The Attorney General may make an application to the
Court for an order of forfeiture in respect of (a) property owned or controlled by, or on behalf of, a terrorist group;
or
(b) property that has been, is being or will be used, in whole or part,
to commit, or facilitate the commission of, a terrorist act.
(2) The Attorney General shall be required to name as respondents
in the application under subsection (1) only persons who are known to
own or control the property which is the subject of the application.
(3) The Attorney General shall give notice of an application under
subsection (1) to the respondents named in the application in such manner as the Court may direct.
(4) If the Court is satisfied, on a balance of probabilities that, the
property which is the subject of the application, is property referred to
in subsection (1) (a) or (b), it shall order that the property be forfeited
and be disposed of as directed by the Court.
(5) Where a Court refuses an application under subsection (1), the
Judge shall make an order that describes the property and declare that it
is not property referred to in that subsection.
(6) On an application under subsection (1), a Court may require
notice to be given to any person, who in the opinion of the Court, appears to have an interest in the property, and any such person shall be
entitled to be added as a respondent to the application.
(7) If the Court is satisfied that a person referred to in subsection (6)(a) has an interest in the property which is the subject of the application;
(b) has exercised reasonable care to ensure that the property would
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