Page:Terrorism (Suppression of Financing) Act 2002.pdf/14

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14
NO. 16 OF 2002


Appointment of manager, etc.

15.—(1) On an application under section 11, at the request of the Attorney-General, if a Judge is of the opinion that the circumstances so require, the Judge may by order—

(a) appoint a person to take control of, and manage or otherwise deal with, all or part of the property in accordance with the directions of the Judge; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

(2) When the Attorney-General so requests, a Judge appointing a person under subsection (1) shall appoint the Public Trustee.

Power to manage

16.—(1) The power to manage or otherwise deal with property under section 15 includes—

(a) in the case of perishable or rapidly depreciating property, the power to sell that property; and
(b) in the case of property that has little or no value, the power to destroy that property.

(2) Before a person appointed under section 15 destroys property referred to in subsection (1)(b), he shall apply to a Judge for a destruction order.

(3) Before making a destruction order in relation to any property, a Judge shall require notice in accordance with subsection (4) to be given to, and may hear, any person who, in the opinion of the Judge, appears to have a valid interest in the property.

(4) A notice under subsection (3) shall be given in the manner that the Judge directs or as provided in the Rules of Court.

(5) A Judge may order that property be destroyed if he is satisfied that the property has little or no financial or other value.