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Variation or discharge of confiscation co-operation orders
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16. The Principal Act is amended by the insertion of the following section after section 51C:
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“51D. (1) Where a confiscation co-operation order has been made, the High Court, on application by the Central Authority or any person affected by the confiscation co-operation order—
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(a) may vary or discharge it,
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(b) shall vary it to the extent of any amount in respect of which there has already been confiscation in any state, if the High Court is satisfied that there has been such confiscation where—
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(i) the person concerned has provided evidence that there has been such confiscation, in part, in that other state, and
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(ii) the High Court has consulted with the competent authority in the designated state where the external confiscation order concerned was made, and that competent authority has confirmed that there has been confiscation in that other state and the extent of that confiscation,
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and
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(c) shall discharge it if the High Court is satisfied that there is no need for the confiscation co-operation order where—
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(i) the person concerned has provided evidence that there has been confiscation in any state, the High Court has consulted with the competent authority in the designated state where the external confiscation order was made and that competent authority has confirmed that that external confiscation order has been satisfied by confiscation in that other state, or
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(ii) it has been informed by the competent authority in the designated state where the external confiscation order concerned was made that that order has ceased to be enforceable.
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(2) Notice of an application under this section and of the grounds for it shall be given by the applicant, in such manner as may be prescribed by rules of court or as the High Court may direct, to the Central Authority for transmission to the designated state concerned.
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(3) The making of an application under subsection (1) shall not suspend the execution of the confiscation co-operation order concerned.”.
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