Money Laundering and Proceeds of Crime Act Act No. 4/2013 or in accordance with any other law providing for the evidencing or transfer of title to a particular kind of property by registration or similar formality, the authority responsible for administering those provisions shall, on application by the Attorney-General, register the State as owner of the property, and the Attorney-General shall do or authorise to be done anything necessary or convenient to obtain the registration of the State as owner, including the execution of any instrument required to be executed by a person transferring an interest in property of that kind. (3) All rights to property of the kind referred to in subsection (2) shall lie with the State until the registration is effected. (4) Where the court makes a confiscation order against property, the property shall not, except with the leave of the court and in accordance with any directions of the court, be disposed of, or otherwise dealt with before the relevant appeal date. 57 Exclusion of property from a confiscation order (1) A person who is not the defendant and who has an interest in property that is subject to a confiscation order may apply to the court to exclude his or her interest from the order. (2) The court shall grant the application under subsection (1) if it is satisfied that— (a) the property is not the proceeds or instrumentality of crime; or (b) the applicant was not in any way involved in the commission of the offence in relation to which the confiscation order was made; and, where the applicant acquired the interest— (c) before the commission of the offence, the applicant did not know that the defendant would use, or intended to use, the property in or in connection with the commission of the offence; or (d) at the time of or after the commission or alleged commission of the offence, the interest was acquired in circumstances which would not arouse a reasonable suspicion that the property was proceeds or an instrumentality of crime. (2) For purposes of subsections (1)(c) and (d), the value of the applicant’s interest shall be in proportion to the consideration the applicant provided to the defendant. (3) An application under this section may be made whether or not the interest in property that is the subject of the application is or was the subject of an interdict. (4) An application under this section shall be made within six months of the day on which the confiscation order is made. (5) The following persons may not, without the leave of the court, make an application under this section, namely any person— (a) who, having been served with the application for a confiscation order under section 52 and made an appearance at the hearing on the application for a confiscation order, seeks to make an application under this section after the confiscation order is made; (b) whose application to exclude the property from restraint under section 44 was considered and dismissed. PART IV BENEFIT RECOVERY ORDERS 58 Advance notification of application for benefit recovery orders (1) A magistrates court or the High Court which imposes a sentence of imprisonment (with or without a fine) upon a person who has been convicted of an offence in respect of which a benefit recovery order may be sought, may suspend the whole or a portion of the sentence of imprisonment conditionally upon the person complying with the terms of any benefit recovery - 45 -