17EAppeal against dismissal of application for exclusion order

17E Appeal against dismissal of application for exclusion order

17E Appeal against dismissal of application for exclusion order

(1) A person may apply to the Supreme Court for the recovery of the person’s interest in relevant property the subject of an application for an exclusion order—

(a) made by the person, and

(b) dismissed by a court other than the Supreme Court or the Court of Criminal Appeal.

(2) The appeal must be made within 6 months of the applicant receiving notice of the dismissal.

(3) The relevant authority may appear and adduce evidence at the hearing.

(4) On hearing the appeal, the Supreme Court must—

(a) make an order that ownership in the interest in the property vests in the applicant and the interest in the property must be returned to the applicant, or

(b) otherwise—dismiss the appeal.

(5) The Supreme Court must not make an order under subsection (4)(a) unless the Court is satisfied it is more probable than not that—

(a) the applicant has an interest in the property, and

(b) the interest in the property is not—

(i) tainted property, or

(ii) if the relevant property relates to a restraining order made under section 43A—unlawfully acquired property.

s 17E: Ins 2022 No 55, Sch 1[7].