Section 36

by substituting for subsection (1) the following subsection:

“(1)  Subject to section 61, where in respect of any property seized under this Act there is no prosecution or conviction for an offence under subsection 4(1)

or 4a(2), a terrorism financing offence or a restricted activity financing offence, the Public Prosecutor may apply to a judge of the High Court for an order of forfeiture of the property—

in the case of no prosecution, before the expiration of eighteen months from the date of the seizure order, or where there is a freezing order, eighteen months from the date of the freezing order; or

in the case of no conviction, within the period of three months from the date of no conviction.”;

by inserting after subsection (1) the following subsection:

“(1a)  The Public Prosecutor in making an application under subsection (1) shall be satisfied that the property is—

the subject-matter or evidence relating to the commission of such offence;

terrorist property;

proliferator property;

the proceeds of an unlawful activity; or

the instrumentalities of an offence.”;

in paragraph (2)(a)—

in subparagraph (i), by substituting for the words

“subsection 4(1) or a terrorism financing offence”

the words “subsection 4(1) or 4a(2), a terrorism financing offence or a restricted activity financing offence”; and

in subsection (3), by substituting for the words

“twelve months” the words “eighteen months”; and

in subsection (4)—

in paragraph (a), by substituting for the words

“subsection 4(1) or a terrorism financing offence”

the words “subsection 4(1) or 4a(2), a terrorism financing offence or a restricted activity financing offence”; and