(1) The Court shall treat as property of a person, property that in the opinion of the Court, is subject to the effective control of the person, whether or not the person has

(a) a legal or an equitable interest in the property, or

(b) a right, power or privilege in connection with the property, to assess the value of benefits derived by a person from a serious offence.

(2) Without limiting the generality of subsection (1), the Court shall have regard to

(a) shareholdings in, debentures over or directorships in a company that has an interest, whether direct or indirect, in the property, and for this purpose, the Court shall order an investigation and inspection of the books of a named company,

(b) a trust that has a relationship to the property, or

(c) a relationship between the persons who have an interest in the property or in companies of the kind referred to in subsection (a), or trust of the kind referred in subsection (b), and with any other persons.

(3) Where the Court treats a particular property as the person’s property for the purposed of making a pecuniary penalty order against that person, the Court shall make an order declaring that the property is subject to the effective control of the person and is available to satisfy the order.

(4) The Executive Director shall give notice of the application to

(a) the person and to any person who the Executive Director has reason to believe has an interest in the property, and

(b) the person and any person who claims an interest in the property and the person shall appear and adduce evidence at the hearing of the application.