167Compensation

167 Compensation

[Section 167 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  A person may apply to the Supreme Court for an order to be made in respect of compensation in respect of restrained property or forfeited property that –

(a) was owned or effectively controlled by the applicant; and

(b) was destroyed or sold under this Subdivision; and

(c) the applicant was entitled under this Part to have returned to him or her if the property had not been so destroyed or sold.

(2)  In considering an application under subsection (1) , the Supreme Court is to consider the following circumstances:

(a) whether the application for the relevant wealth-restraining order, or wealth forfeiture order, was made in good faith;

(b) whether the evidence as a whole would support the unexplained wealth declaration to which the specified restraining order, or forfeiture order, relates but the unexplained wealth declaration has not been made under this Part due to a technicality;

(c) whether the applicant was found not to have unexplained wealth;

(d) any other circumstances the Supreme Court thinks relevant.

(3)  The Supreme Court may order that the State is liable to pay the applicant an amount, as specified in the order, that does not exceed an amount equal to –

(a) if the property was destroyed, the market value of the property less the costs of destroying the property; or

(b) if the property was sold, the proceeds of the sale.

(4)  For the purposes of subsection (3)(a) , the market value of property is the market value of the property at the time the property was restrained or forfeited.