83Excluding property from restraining orders

#### 83 Excluding property from restraining orders If: (a) a court makes a restraining order under Part 2‑1 of the Proceeds of Crime Act against property in respect of the crime within the jurisdiction of the ICC; and (b) a person having an interest in the property applies to the court under Division 3 of Part 2‑1 of that Act for an order varying the restraining order to exclude the person’s interest from the restraining order; the court must grant the application if the court is satisfied that: (c) in a case where the applicant is not the defendant: (i) the applicant was not, in any way, involved in the commission of the crime; and (ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the crime—the property was not proceeds of the crime; or (d) in any case—it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.