Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf:
(a) a person (the defendant ) has been alleged, in a criminal proceeding in a foreign country, to have committed a foreign serious offence; and
(b) a court makes a restraining order under Part 2 - 1 of the Proceeds of Crime Act against property in respect of the offence; and
(c) 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:
(d) in a case where the applicant is not the defendant:
(i) the applicant was not, in any way, involved in the commission of the offence; and
(ii) if the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence--the property was neither proceeds nor an instrument of the offence; or
(e) 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.