Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf:
(a) a court makes a restraining order under Part 2 - 1 of the Proceeds of Crime Act against property in respect of the crime within the jurisdiction of the ICC; and
(b) a person having an interest in the property applies to the court under Division 3 of Part 2 - 1 of that Act for an order varying the restraining order to exclude the person's interest from the restraining order;
the court must grant the application if the court is satisfied that:
(c) in a case where the applicant is not the defendant:
(i) the applicant was not, in any way, involved in the commission of the crime; and
(ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the crime--the property was not proceeds of the crime; or
(d) in any case--it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.