Money Laundering and Proceeds of Crime Act Act No. 4/2013 (b) where a benefit recovery order has been made— (i) property in which the defendant has an interest; or (b) restrained property, or (c) specified items of property in which the defendant has an interest. (3) Where a receiver or trustee has already been appointed pursuant to section 41(2)(c) to take possession or control of property in which the defendant has an interest, any order made pursuant to subsection (2) should be made in respect of that receiver or trustee. (4) The court may make any further orders to assist the receiver or trustee in the discharge of his or her duties that the court considers are reasonably necessary. (5) The court shall, in respect of any property, exercise the powers conferred by this section only after it affords persons asserting any interest in the property a reasonable opportunity to make representations to the court. 70 Application of monetary sums (1) Monetary sums in the hands of the receiver or trustee from his or her receipt of the property of the defendant and from the realisation of any property under section 69 shall, after any such payments as the court may direct are made out of those sums, be paid to the Registrar of the court and applied on the defendant's behalf towards the satisfaction of the benefit recovery order in the manner provided by subsection (3). (2) If, after full payment of the amount payable under the confiscation order or benefit recovery order, any sums under subsection (1) remain in the hands of such a receiver or trustee, the receiver or trustee shall distribute those sums among such of those persons who held property which has been realised under this Chapter and in such proportions, as the court directs, after giving a reasonable opportunity for those persons to make representations to the court. (3) Property received by the Registrar of the court in payment of amounts due under a benefit recovery order or to satisfy a confiscation order shall be applied as follows— (a) if received from a receiver under subsection (1), it shall first be applied in payment of the receiver or trustee's remuneration and expenses; and (b) the balance shall be paid or transferred to a Recovered Assets Fund. 71 Compensation orders (1) If an interdict was made and thereafter an application for a confiscation or benefit recovery order under was not granted or was withdrawn, or was never made because the defendant was acquitted, and the interdict was accordingly revoked, the court may make a compensation order on application to it by a person if— (a) the person suffered a loss as a result of the operation of the interdict; and (b) there was a serious default consisting of gross negligence or intentional misconduct on the part of a person involved in the investigation or prosecution, and the investigation would not have continued or the proceedings would not have started or continued had the default not occurred. (2) The amount of compensation to be paid under this section is the amount the court thinks reasonable having regard to the loss suffered and any other relevant circumstances. (3) An application under subsection (1) must be made no later than three months after the date an interdict was not granted, withdrawn or revoked. (4) The person making an application for a compensation order must provide notice of the application to the Attorney-General. - 52 -