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)](#GS18@Gs2@EN) , apply to that court for an order under [subsection (5)](#GS18@Gs5@EN) . > > > (2)  If a forfeiture order has been made, an application under [subsection (1)](#GS18@Gs1@EN) is, subject to [subsection (3)](#GS18@Gs3@EN) , 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)](#GS18@Gs1@EN) outside the 6 month period specified in [subsection (2)](#GS18@Gs2@EN) 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)](#GS18@Gs3@EN) , a court may grant a person leave to apply under [subsection (1)](#GS18@Gs1@EN) 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)](#GS18@Gs3@EN) 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)](#GS18@Gs1@EN) , 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 – > > > > the court is to make an order declaring the nature, extent and, if necessary for the purposes of the order, the value (as at the time of the making of the order) of the applicant's interest in the property and directing the State to transfer or grant the property to the applicant or to pay to the applicant the declared value of the applicant's interest in the property, whichever the order directs. > > > (6)  A person who makes an application under [subsection (1)](#GS18@Gs1@EN) is to give notice to the Attorney-General of the making of the application. > > > (7)  The Attorney-General is to be a party to any proceedings upon an application under [subsection (1)](#GS18@Gs1@EN) . > > > (8)  [*\[Section 18 Subsection (8) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja6@GC1@EN) .  .  .  .  .  .  .  .