s. 22 (i) if the court is not satisfied that the S. 22(b)(i) property in which the person claims an amended by No. 42/2007 interest is not tainted property or s. 6(3). derived property but is satisfied that— (A) the applicant was not, in any way, S. 22(b)(i)(A) amended by involved in the commission of the No. 87/2004 Schedule 2 offence; and s. 11(c). (B) where the applicant acquired the S. 22(b)(i)(B) amended by interest before the commission, or Nos 87/2004 alleged commission, of the s. 11(c), 68/2009 Schedule 2 offence, the applicant s. 97(Sch. did not know that the accused item 23.20). would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and (C) where the applicant acquired the S. 22(b)(i)(C) amended by interest at the time of or after the Nos 87/2004 commission, or alleged s. 11(c), 42/2007 commission, of the Schedule 2 s. 6(3). offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and (D) the applicant's interest in the S. 22(b)(i)(D) substituted by property was not subject to the No. 42/2007 effective control of the accused on s. 6(4), amended by the earlier of the date that the No. 68/2009 accused was charged with the s. 97(Sch. item 23.20). Schedule 2 offence or the date that the restraining order was made in relation to the property; and
S. 22(b)(i) amended by No. 42/2007 s. 6(3). (i) if the court is not satisfied that the property in which the person claims an interest is not tainted property or derived property but is satisfied that— S. 22(b)(i)(A) amended by No. 87/2004 s. 11(c). (A) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 22(b)(i)(B) amended by Nos 87/2004 s. 11(c), 68/2009 s. 97(Sch. item 23.20). (B) where the applicant acquired the interest before the commission, or alleged commission, of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and s. 22 S. 22(b)(i)(C) amended by Nos 87/2004 s. 11(c), 42/2007 s. 6(3). (C) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Schedule 2 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and S. 22(b)(i)(D) substituted by No. 42/2007 s. 6(4), amended by No. 68/2009 s. 97(Sch. item 23.20). (D) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and