suspicion, that the property was tainted property or derived property; and (iv) the applicant's interest in the property S. 52(1)(a)(iv) substituted by was not subject to the effective control No. 42/2007 of the accused on the earlier of the date s. 11(3), amended by that the accused was charged with the No. 68/2009 Schedule 2 offence or the date that the s. 97(Sch. item 23.40). restraining order was made in relation to the property; and (v) where the applicant acquired the S. 52(1)(a)(v) amended by interest from the accused, directly or No. 68/2009 indirectly, that it was acquired for s. 97(Sch. item 23.40). sufficient consideration; or (b) if the court is satisfied that the property is not S. 52(1)(b) amended by tainted property or derived property and No. 42/2007 that— s. 11(2). (i) the applicant's interest in the property S. 52(1)(b)(i) substituted by was not subject to the effective control No. 42/2007 of the accused on the earlier of the date s. 11(4), amended by that the accused was charged with the No. 68/2009 Schedule 2 offence or the date that the s. 97(Sch. item 23.40). restraining order was made in relation to the property; and (ii) where the applicant acquired the S. 52(1)(b)(ii) amended by interest from the accused, directly or No. 68/2009 indirectly, that it was acquired for s. 97(Sch. item 23.40). sufficient consideration. (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.
suspicion, that the property was tainted property or derived property; and S. 52(1)(a)(iv) substituted by No. 42/2007 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 23.40). (iv) 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 S. 52(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.40). (v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 52(1)(b) amended by No. 42/2007 s. 11(2). (b) if the court is satisfied that the property is not tainted property or derived property and that— S. 52(1)(b)(i) substituted by No. 42/2007 s. 11(4), amended by No. 68/2009 s. 97(Sch. item 23.40). (i) 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 S. 52(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration. (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.