s. 22 (2) If the court makes an order under subsection (1), S. 21(2) the court may also make an order declaring the inserted by No. 68/2010 nature, extent and value of the applicant's interest s. 14(1). in the property. 22 Determination of exclusion application—restraining S. 22 amended by order—automatic forfeiture Nos 87/2004 s. 11(a), (1) On an application made under section 20, where 68/2010 s. 14(3) (ILA the restraining order has been made in relation to a s. 39B(1)). Schedule 2 offence for the purposes of automatic forfeiture— (a) the court may make an order excluding the S. 22(a) amended by applicant's interest in the property from the Nos 43/1998 operation of the restraining order if the court s. 39(a), 42/2007 is satisfied that— s. 6(1)(a). (i) the property in which the applicant claims an interest was lawfully acquired by the applicant; and (ii) the property is not tainted property and S. 22(a)(ii) substituted by is not, or will not be, subject to a No. 87/2004 tainted property substitution declaration s. 11(b), amended by under section 36F; and No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)). (iia) the property is not derived property; S. 22(a)(iia) inserted by and No. 42/2007 s. 6(2). (iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or
S. 21(2) inserted by No. 68/2010 s. 14(1). (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. S. 22 amended by Nos 87/2004 s. 11(a), 68/2010 s. 14(3) (ILA s. 39B(1)). 22 Determination of exclusion application—restraining order—automatic forfeiture s. 22 (1) On an application made under section 20, where the restraining order has been made in relation to a Schedule 2 offence for the purposes of automatic forfeiture— S. 22(a) amended by Nos 43/1998 s. 39(a), 42/2007 s. 6(1)(a). (a) the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if the court is satisfied that— (i) the property in which the applicant claims an interest was lawfully acquired by the applicant; and S. 22(a)(ii) substituted by No. 87/2004 s. 11(b), amended by No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)). (ii) the property is not tainted property and is not, or will not be, subject to a tainted property substitution declaration under section 36F; and S. 22(a)(iia) inserted by No. 42/2007 s. 6(2). (iia) the property is not derived property; and (iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or