20Application for exclusion from restraining order

20 Application for exclusion from restraining order S. 20(1) amended by Nos 68/2009 s. 97(Sch. item 23.18), 68/2010 s. 42, substituted by No. 55/2014 s. 24(1). (1) If a court makes a restraining order against property under section 18, the following persons may apply to that court for an order under section 21, 22 or 22A— (a) in the case of an application for an order under section 21 or 22—any person claiming an interest in the property, including the accused; (b) in the case of an application for an order under section 22A—any person claiming an interest in the property, other than the accused. S. 20(1A) inserted by No. 87/2004 s. 10(1). (1A) An application under subsection (1) must be made— (a) if notice is required to be given under section 19(1), within 30 days after service of notice of the making of the restraining order; or (b) in any other case, within 30 days after the making of the restraining order. S. 20(1B) inserted by No. 87/2004 s. 10(1), amended by No. 77/2013 s. 3(1). (1B) Subject to subsection (1C), the court may extend the period within which an application may be made, whether or not that period has expired, if it is in the interests of justice to do so. S. 20(1C) inserted by No. 77/2013 s. 3(2). (1C) The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act. S. 20(2) amended by No. 87/2004 s. 10(2). (2) An applicant must give notice of the application, and, subject to subsection (6), of the grounds on which it is made— (a) to the applicant for the restraining order; and S. 20(2A) inserted by No. 79/2014 s. 45. (2A) An application for an exclusion order must include documentary evidence of any transactions relating to the transfer of property alleged by the applicant to have occurred that would support the application. S. 20(3) amended by Nos 68/2010 s. 42, 55/2014 s. 24(2). (3) Any person referred to in subsection (2) is entitled to appear and to give evidence at the hearing of an application for an order under section 21, 22 or 22A but the absence of that person does not prevent the court from making an order under section 21, 22 or 22A. (4) If the person referred to in subsection (2)(a) proposes to contest an application for an exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested. S. 20(5) inserted by No. 87/2004 s. 10(3). (5) If— (a) a court makes a restraining order against property under section 18 in relation to an offence; and S. 20(5)(b) amended by No. 68/2010 s. 13(2)(a). (b) a person claiming an interest in the property is charged with the offence or any other offence— any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person. S. 20(5A) inserted by No. 68/2010 s. 13(1). (5A) If— (a) a court makes a restraining order against property under section 18 in relation to an offence; and (b) a person claiming an interest in the property is charged with the offence or any other offence— any information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person. S. 20(6) inserted by No. 87/2004 s. 10(3). (6) If— S. 20(6)(a) amended by No. 68/2010 s. 13(2)(b). (a) a court makes a restraining order against property under section 18 in relation to a Schedule 1 offence or a Schedule 2 offence; and S. 20(6)(b) amended by No. 68/2010 s. 13(2)(c). (b) a person claiming an interest in the property is charged with the offence or a related offence; and S. 20(6)(c) amended by No. 68/2010 s. 42. (c) that person applies for an order under section 21 or 22— the person need not give notice of the grounds on which the application is made until the charge against the person is finally determined or is withdrawn. S. 20(7) inserted by No. 87/2004 s. 10(3), amended by Nos 68/2010 s. 42, 55/2014 s. 24(3). (7) Any person referred to in subsection (2) may apply to the court for an order that the hearing of the application for an order under section 21, 22 or 22A be stayed until the charge for the offence in relation to which the restraining order is made or for any related offence is finally determined or is withdrawn. Note to s. 20 substituted by No. 42/2007 s. 18(Sch. item 5). 1 Section 14 provides that a restraining order may be made in respect of property or an interest in property. 2 Section 26 enables the court to make orders varying the property to which the restraining order relates. S. 21 amended by Nos 87/2004 s. 22(1)(b), 68/2010 s. 14(1) (ILA s. 39B(1)), 68/2010 s. 43.