Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An interested person may apply to a relevant court for an order discharging a registered property interest to which forfeited property is subject.
(2) The court must order the discharge of the registered property interest unless satisfied that—
(a) the interest was acquired honestly and for sufficient consideration and the person took reasonable care to establish that the interest could be lawfully acquired by the person; and
(b) for a registered property interest that was acquired otherwise than in the ordinary course of business—
(i) the owner of the registered property interest was not a party to the offence (or a related offence) in relation to which the forfeiture was made; and
(ii) the property is not subject to the effective control of the person who committed the offence (or a related offence) in relation to which the forfeiture was made.
Note For the meaning of effective control , see s 14.
(3) On application by an interested person, a person responsible for a statutory property register must make the entries in the register that are necessary or desirable to give effect to the court order.
Note For general provisions about proceedings for orders under this division (which are confiscation proceedings—see s 236), see pt 14.