s. 51 restraining order was made in relation to the property; and (v) where the applicant acquired the S. 50(1)(a)(v) amended by interest from the accused, directly or No. 68/2009 indirectly, that it was acquired for s. 97(Sch. item 23.38). sufficient consideration; or (b) if the court is satisfied that the property is not S. 50(1)(b) substituted by tainted property, the court may make an No. 43/1998 order excluding the applicant's interest in the s. 19, amended by property from the operation of the forfeiture No. 42/2007 order. s. 10(1)(b). (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 51 Application for exclusion from automatic forfeiture (1) If property is forfeited to the Minister under S. 51(1) amended by section 35, a person (other than the accused) who Nos 43/1998 claims to have had an interest in the property s. 36(m), 68/2009 immediately before it was forfeited may, subject s. 97(Sch. to subsections (2) and (4), apply to the court that item 23.39). made the relevant restraining order for an order under section 52. (2) The application must, subject to subsection (3), be S. 51(2) amended by made before the end of the period of 60 days No. 43/1998 commencing on the day on which the property is s. 36(m). forfeited to the Minister. (3) Subject to subsection (5A), the court that made the S. 51(3) amended by relevant restraining order may grant a person No. 77/2013 leave to apply after the end of the period referred s. 13(1). to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of—
restraining order was made in relation to the property; and S. 50(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.38). (v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 50(1)(b) substituted by No. 43/1998 s. 19, amended by No. 42/2007 s. 10(1)(b). (b) if the court is satisfied that the property is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order. (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 51 Application for exclusion from automatic forfeiture s. 51 S. 51(1) amended by Nos 43/1998 s. 36(m), 68/2009 s. 97(Sch. item 23.39). (1) If property is forfeited to the Minister under section 35, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant restraining order for an order under section 52. S. 51(2) amended by No. 43/1998 s. 36(m). (2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. S. 51(3) amended by No. 77/2013 s. 13(1). (3) Subject to subsection (5A), the court that made the relevant restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of—
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