Page:Terrorism (Suppression of Financing) Act 2002.pdf/16

16 ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

(4) On an application made to a Judge under subsection (1)(a) in respect of any property and after hearing the applicant and the Attorney-General and any other person to whom notice was given under subsection (2)(b), the Judge may order that the property or part thereof be returned to the applicant or, in the case of a restraint order issued under section 11(1)(b), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the Judge thinks fit—
 * (a) if the applicant enters into a recognizance before the Judge, with or without sureties, in such amount and with such conditions, if any, as the Judge directs and where the Judge considers it appropriate, deposits with the Judge such sum of money or other valuable security as the Judge directs;
 * (b) if the condition referred to in subsection (6) is satisfied; or
 * (c) for the purpose of—
 * (i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the Judge, has a valid interest in the property and of the dependants of that person; or
 * (ii) meeting the reasonable business and legal expenses of a person referred to in sub-paragraph (i),
 * if the Judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

(5) For the purpose of determining the reasonableness of expenses referred to in subsection (4)(c), the Attorney-General may, at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses.

(6) An order under subsection (4)(b) in respect of property may be made by a Judge if the Judge is satisfied—