- (a) where the application is made by—
- (i) a person charged with a terrorism financing offence; or
- (ii) any person who acquired title to or a right of possession of that property from a person referred to in sub-paragraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,
- that a warrant should not have been issued under section 11(1)(a) or a restraint order under section 11(1)(b) should not have been issued in respect of the property; or
- (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in any terrorism financing offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,
and that the property will no longer be required for the purpose of any investigation or as evidence in any proceedings.
Expiration of warrants and restraint orders
20.—(1) Subject to this section, where property has been seized under a warrant issued under section 11(1)(a) or a restraint order has been issued under section 11(1)(b) in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding 6 months from the seizure or the issuing of the order, as the case may be.
(2) The property may continue to be detained, or the order may continue in force, for a period exceeding 6 months if proceedings are instituted in respect of which the property detained may be forfeited.
(3) The property may continue to be detained or the order may continue in force for a period or periods exceeding 6 months if the continuation is, on application made by the Attorney-General, ordered by a Judge, where the Judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of this Act or any other Act
