circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; and (D) the applicant's interest in the S. 21(b)(i)(D) substituted by property was not subject to the No. 42/2007 effective control of the accused on s. 5(2), amended by the earlier of the date that the No. 68/2009 s. 97(Sch. accused was charged with the item 23.19). Schedule 1 offence or the date that the restraining order was made in relation to the property; and S. 21(b)(i)(E) (E) where the applicant acquired the amended by interest from the accused, directly No. 68/2009 or indirectly, that it was acquired s. 97(Sch. item 23.19). for sufficient consideration; or (ii) the court is satisfied as specified in S. 21(b)(ii) amended by paragraph (a)(i) but not satisfied as No. 42/2007 specified in paragraph (a)(ii), the court s. 5(1)(b). may make an order excluding the applicant's interest in the property from the operation of the restraining order if satisfied that— (A) the applicant's interest in the S. 21(b)(ii)(A) substituted by property was not subject to the No. 42/2007 s. 5(3), effective control of the accused on amended by the earlier of the date that the No. 68/2009 s. 97(Sch. accused was charged with the item 23.19). Schedule 1 offence or the date that the restraining order was made in relation to the property; and (B) where the applicant acquired the S. 21(b)(ii)(B) amended by interest from the accused, directly No. 68/2009 or indirectly, that it was acquired s. 97(Sch. item 23.19). for sufficient consideration.
circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; and S. 21(b)(i)(D) substituted by No. 42/2007 s. 5(2), amended by No. 68/2009 s. 97(Sch. item 23.19). (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 1 offence or the date that the restraining order was made in relation to the property; and S. 21(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.19). (E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 21(b)(ii) amended by No. 42/2007 s. 5(1)(b). (ii) the court is satisfied as specified in paragraph (a)(i) but not satisfied as specified in paragraph (a)(ii), the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if satisfied that— S. 21(b)(ii)(A) substituted by No. 42/2007 s. 5(3), amended by No. 68/2009 s. 97(Sch. item 23.19). (A) 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 1 offence or the date that the restraining order was made in relation to the property; and S. 21(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.19). (B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration.
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