Page:Terrorism (Suppression of Financing) Act 2002.pdf/18

18 respecting forfeiture or for the purpose of any investigation or as evidence in any proceedings.

Application for forfeiture of property

21. The Attorney-General may make an application to a Judge for an order of forfeiture in respect of—
 * (a) property owned or controlled by or on behalf of any terrorist or terrorist entity; or
 * (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist act.

Contents of application

22. An affidavit in support of an application by the Attorney-General under section 21 may be sworn or affirmed on information and belief.

Respondents and notice

23.—(1) The Attorney-General is required to name as a respondent to an application under section 21 only those persons who are known to own or control the property that is the subject of the application.

(2) The Attorney-General shall give notice of an application under section 21 to named respondents in such a manner as the Judge directs or as provided in the Rules of Court.

(3) On an application under section 21, a Judge may require notice to be given to any person who, in the opinion of the Judge, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

Order for forfeiture of property

24.—(1) If a Judge is satisfied on a balance of probabilities that property is property referred to in section 21(a) or (b), the Judge shall order that the property be forfeited to the Government.

(2) For the purposes of subsection (1), where the property owned or controlled by any terrorist or terrorist entity has been mixed with other property (whether the property of the terrorist or terrorist entity), the order of forfeiture shall relate to the portion of the mixed property which