18Provisions relating to third parties

18 Provisions relating to third parties

(1)  If an application is made to a court for a forfeiture order against particular property, a person who claims an interest in the property may, subject to subsection (2) , apply to that court for an order under subsection (5) .

(2)  If a forfeiture order has been made, an application under subsection (1) is, subject to subsection (3) , to be made within the period of 6 months immediately following the making of the order.

(3)  A court that has made a forfeiture order may grant a person leave to apply under subsection (1) outside the 6 month period specified in subsection (2) if the court is satisfied that the failure to apply within that period was not due to any neglect or delay on the part of that person.

(4)  Without limiting the generality of subsection (3) , a court may grant a person leave to apply under subsection (1) if the court is satisfied that –

(a) although the person had notice of the application for the forfeiture order, he or she was unable, for a good reason, to attend the hearing of the application; or

(b) evidence proposed to be adduced by the person in connection with the application under subsection (3) was not available to the person at the time of the hearing of the application for the forfeiture order.

(5)  If, on an application under subsection (1) , a court is satisfied that the applicant –

(a) was not a party to the commission of the offence in reliance on which the forfeiture order is sought or was made; and

(b) acquired the interest in the property in good faith and for sufficient consideration; and

(c) acquired the interest in the property –

(i) before the commission of the offence in reliance on which the forfeiture order was made; or

(ii) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property had become tainted property –