22 Determination of exclusion application—restraining S. 22 order in relation to Schedule 2 offence (Heading) amended by No. 27/2016 s. 9(1). S. 22 amended by Nos 87/2004 s. 11(a), 68/2010 s. 14(3) (ILA s. 39B(1)). (1) On an application made under section 20, where S. 22(1) amended by the restraining order has been made in relation to a No. 27/2016 Schedule 2 offence for the purposes of automatic s. 9(2). forfeiture under section 35— (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. 22 (Heading) amended by No. 27/2016 s. 9(1). 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 in relation to Schedule 2 offence S. 22(1) amended by No. 27/2016 s. 9(2). (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 under section 35— 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