sec.165Third party protection from automatic forfeiture

### sec.165 Third party protection from automatic forfeiture A person, other than the prescribed respondent, who claims an interest in the property may apply to the Supreme Court for a third party order or a buy-back order. Unless the court gives leave under section 166 — the application must be made within 6 months after the property is forfeited to the State; and the following can not apply to the court for a third party order or a buy-back order— a person who was given notice of the application for the relevant restraining order; a person who appeared at the hearing of the application for the relevant restraining order; a person who was given notice of the relevant restraining order. Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order. The applicant must give the DPP notice of the making of an application under this section, including an application for leave to apply for a third party order or a buy-back order. The State must be a party to the application represented by the DPP. s 165 amd 2003 No. 77 s 56 (sec.165-ssec.1) A person, other than the prescribed respondent, who claims an interest in the property may apply to the Supreme Court for a third party order or a buy-back order. (sec.165-ssec.2) Unless the court gives leave under section 166 — the application must be made within 6 months after the property is forfeited to the State; and the following can not apply to the court for a third party order or a buy-back order— a person who was given notice of the application for the relevant restraining order; a person who appeared at the hearing of the application for the relevant restraining order; a person who was given notice of the relevant restraining order. Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order. (sec.165-ssec.3) The applicant must give the DPP notice of the making of an application under this section, including an application for leave to apply for a third party order or a buy-back order. (sec.165-ssec.4) The State must be a party to the application represented by the DPP. - (a) the application must be made within 6 months after the property is forfeited to the State; and - (b) the following can not apply to the court for a third party order or a buy-back order— (i) a person who was given notice of the application for the relevant restraining order; (ii) a person who appeared at the hearing of the application for the relevant restraining order; (iii) a person who was given notice of the relevant restraining order. Editor’s note— Sections 139 , 140 and 141 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order. - (i) a person who was given notice of the application for the relevant restraining order; - (ii) a person who appeared at the hearing of the application for the relevant restraining order; - (iii) a person who was given notice of the relevant restraining order. - (i) a person who was given notice of the application for the relevant restraining order; - (ii) a person who appeared at the hearing of the application for the relevant restraining order; - (iii) a person who was given notice of the relevant restraining order.