(1) The Attorney General may make an application to a Judge of the High Court for an order of forfeiture in respect of terrorist property.
(2) The Attorney General shall be required to name as respondents to an application under subsection (1), only those persons who are known to own or control the property that is the subject of the application.
(3) The Attorney General shall give notice of an application under subsection (1), to the respondents named in the application in such manner as the judge may direct.
(4) If a judge is satisfied, on a balance of probabilities, that the property which is the subject of the application is terrorist property, the judge shall order that the property be forfeited to the State to be disposed of as directed by the judge.
(5) Where a judge refuses an application under subsection (1), the judge shall make an order that describes the property and declare it is not property referred to in that subsection.
(6) On an application under subsection (1), a judge may require notice to be given to any person, who in the opinion of the judge, appears to have an interest in the property and any such person shall be entitled to be added as a respondent to the application.
(7) If a judge is satisfied that a person referred to in subsection (6)—
(a) has an interest in the property which is the subject of the application;
(b) has exercised reasonable care to ensure that the property is not the proceeds of a terrorist act, would not be used to commit or facilitate the commission of a terrorist act and would not be used by a terrorist group; and
(c) is not a member of a terrorist group,
the judge shall order that the interest shall not be affected by the order and the order shall also declare the nature and extent of the interest in question.
(8) A person who claims an interest in property that has been forfeited and who has been given notice under subsection (6), may make an application to the Court of Appeal to vary or set aside an order made under subsection (4), not later than 30 days after the day on which the forfeiture order was made.
(9) Pending the determination of an appeal against an order for forfeiture made under this section, property restrained under section 35 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with the property under that section shall continue in that capacity.
(10) The provisions of this section shall not affect the operation of any other provision of this Act respecting forfeiture.