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