- (a) order that the interest is not affected by the forfeiture; and
- (b) declare the nature and extent of the interest referred to in paragraph (a).
Application to set aside order of forfeiture
27.—(1) A person who claims an interest in any property that was forfeited and who did not receive notice under section 23(3) may apply to a Judge to vary or set aside an order made under section 24(1) not later than 60 days after the day on which the forfeiture order was made.
(2) A Judge shall not extend the period set out in subsection (1).
Interim preservation rights
28. Pending any appeal of an order made under section 24—
- (a) any property seized under a warrant issued under section 11(1)(a) shall continue to be detained;
- (b) any property restrained under an order issued under section 11(1)(b) shall continue to be restrained; and
- (c) any person appointed to control, manage or otherwise deal with that property under section 15 shall continue in that capacity.
Voidable transfers
29. A Judge may—
- (a) prior to ordering any property to be forfeited under section 24; and
- (b) in the case of any property in respect of which a restraint order was issued under section 11(1)(b), where the order was served in accordance with section 11(4),
set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the order under section 11(4), unless the conveyance or transfer was for valuable consideration to a person acting in good faith.
