s.32Inadequacy of available amount: variation of order
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Section 32Part 2 — The Financial Reporting Authority

Inadequacy of available amount: variation of order

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Where —
a court has made a confiscation order; and
the defendant, or a receiver appointed under section 52 o r 53 applies to the court to vary the order under this sec tion, the court shall calculate the available amount, and in doing so it shall apply section 19 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
Where the court finds that the available amount calculated in accordance with subsection (1) is inadequate for the payment of any amount remaining to be paid under the confiscation order it may vary the order by substituting for the amount required to be paid such smaller amount as the court believes is just.
Where —
a person has been adjudged bankrupt;
a person ’ s estate has been sequestrated; or
an order for the winding up of a company has been made, the court shall take into account the extent to which realisable property held by that person or th at company may be distributed among creditors.
The court may disregard any inadequacy which it believes is attributable wholly or partly to anything done by the defendant for the purpose of preserving property held by the recipient of a tainted gift fr om any risk of realisation under this Part.
In subsection (3) “ company ” means any company which may be wound up under the Bankruptcy Act ( 1997 Revision ).

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