s. 23 (iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991. (2) If the court makes an order under subsection (1), S. 22(2) inserted by the court may also make an order declaring the No. 68/2010 nature, extent and value of the applicant's interest s. 14(3). in the property. 23 Declaration that restraining order shall be S. 23 amended by disregarded for purposes of automatic forfeiture No. 42/2007 s. 7(1). If— (a) in the circumstances set out in section 22(a), S. 23(a) amended by the court is satisfied of the matters referred No. 42/2007 to in subparagraphs (i), (ii) and (iia); or s. 7(2)(a). S. 23(b) (b) in the circumstances set out in section 22(c), amended by the court is satisfied of the matters referred No. 42/2007 to in subparagraphs (i), (ii), (iii) and (iiia)— s. 7(2)(b). but the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35. Note to s. 23 Note inserted by If the applicant's interest in property was restrained for the No. 42/2007 s. 7(3). purposes of satisfying a pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991, it continues to be so restrained despite the applicant's interest being unavailable for the purposes of automatic forfeiture. S. 24 24 Determination of exclusion application—restraining amended by order—civil forfeiture No. 87/2004 s. 12(a). 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 civil forfeiture—
(iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991. S. 22(2) inserted by No. 68/2010 s. 14(3). (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. 23 amended by No. 42/2007 s. 7(1). 23 Declaration that restraining order shall be disregarded for purposes of automatic forfeiture s. 23 If— S. 23(a) amended by No. 42/2007 s. 7(2)(a). (a) in the circumstances set out in section 22(a), the court is satisfied of the matters referred to in subparagraphs (i), (ii) and (iia); or S. 23(b) amended by No. 42/2007 s. 7(2)(b). (b) in the circumstances set out in section 22(c), the court is satisfied of the matters referred to in subparagraphs (i), (ii), (iii) and (iiia)— but the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35. Note to s. 23 inserted by No. 42/2007 s. 7(3). Note If the applicant's interest in property was restrained for the purposes of satisfying a pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991, it continues to be so restrained despite the applicant's interest being unavailable for the purposes of automatic forfeiture. S. 24 amended by No. 87/2004 s. 12(a). 24 Determination of exclusion application—restraining order—civil forfeiture 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 civil forfeiture—