sec.167When Supreme Court may make third party order

### sec.167 When Supreme Court may make third party order The Supreme Court, on an application under section 165 , may make a third party order. The Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and the applicant acquired the interest— in good faith and for sufficient consideration; and if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited. Also, the Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and the applicant’s interest in the property was lawfully acquired. s 167 amd 2003 No. 77 s 57 (sec.167-ssec.1) The Supreme Court, on an application under section 165 , may make a third party order. (sec.167-ssec.2) The Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and the applicant acquired the interest— in good faith and for sufficient consideration; and if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited. (sec.167-ssec.3) Also, the Supreme Court may make a third party order if it is satisfied— the applicant, apart from the forfeiture, would have an interest in the property; and the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and the applicant’s interest in the property was lawfully acquired. - (a) the applicant, apart from the forfeiture, would have an interest in the property; and - (b) the applicant was not, in any way, involved in the commission of the relevant serious criminal offence; and - (c) the applicant acquired the interest— (i) in good faith and for sufficient consideration; and (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and - (i) in good faith and for sufficient consideration; and - (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and - (d) the applicant’s interest in the property was not under the prescribed respondent’s effective control before it was forfeited. - (i) in good faith and for sufficient consideration; and - (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious criminal offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and - (a) the applicant, apart from the forfeiture, would have an interest in the property; and - (b) the property was not used in, or in connection with, any illegal activity and was not derived by anyone from any illegal activity; and - (c) the applicant’s interest in the property was lawfully acquired.