No. 25]
Interception of Communications
other than the convicted person or company, may have to
the equipment, if the person or company can show that he
has been exempted under section 25 from the relevant
prohibited act referred to in section 24 in respect of such
listed equipment.
(8) The Judge may, upon an application made at any
time within a period of three months with effect from the
date of declaration of forfeiture under subsection (3), by
any person or company other than the convicted person or
company, who claims that:
(a)
the equipment declared forfeited under
subsection (3) is his or its property; and
(b)
he or it is a person or company referred to in
subsection (9);
inquire into and determine those matters.
(9)
Ifthe Judge under subsection (8) is satisfied that:
(a)
the listed equipment concerned is the property
of the person or company,
(b)
the person or company concerned is a person
or company referred to in subsection (8); and
(c)
the person or company has legal authority to
such equipment pursuant to section 25
the Judge shall set aside the declaration of forfeiture and
direct that the listed equipment concerned be returned to the
person or company.
527