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Confiscation of Criminal Assets Act 2003
113Discharge of prior registered property interests given for
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113 Discharge of prior registered property interests given for
improper purposes
(1) An interested person may apply to a relevant court for an order
discharging a registered property interest to which forfeited property
is subject.
(2) The court must order the discharge of the registered property interest
unless satisfied that—
(a) the interest was acquired honestly and for sufficient
consideration and the person took reasonable care to establish
that the interest could be lawfully acquired by the person; and
(b) for a registered property interest that was acquired otherwise
than in the ordinary course of business—
(i) the owner of the registered property interest was not a party
to the offence (or a related offence) in relation to which the
forfeiture was made; and
(ii) the property is not subject to the effective control of the
person who committed the offence (or a related offence) in
relation to which the forfeiture was made.
(3) On application by an interested person, a person responsible for a
statutory property register must make the entries in the register that
are necessary or desirable to give effect to the court order.
Division 9.4 Sale of jointly owned forfeited
Note For general provisions about proceedings for orders under this division
(which are confiscation proceedings—see s 236), see pt 14.