s. 50 that person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested. 50 Determination of exclusion application—forfeiture order (1) On an application made under section 49— (a) if the court is not satisfied that the property S. 50(1)(a) amended by in which the applicant claims an interest is No. 42/2007 not tainted property, the court may make an s. 10(1)(a). order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that— S. 50(1)(a)(i) (i) the applicant was not, in any way, amended by involved in the commission of the No. 87/2004 s. 22(1)(l). Schedule 1 offence; and (ii) where the applicant acquired the S. 50(1)(a)(ii) amended by interest before the commission of the Nos 87/2004 s. 22(1)(l), Schedule 1 offence, the applicant did 68/2009 not know that the accused would use, or s. 97(Sch. item 23.38). intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and S. 50(1)(a)(iii) (iii) where the applicant acquired the amended by interest at the time of or after the No. 87/2004 s. 22(1)(l). commission of the Schedule 1 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; and (iv) the applicant's interest in the property S. 50(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. 10(2), amended by that the accused was charged with the No. 68/2009 s. 97(Sch. Schedule 1 offence or the date that the item 23.38).
that person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested. 50 Determination of exclusion application—forfeiture order s. 50 (1) On an application made under section 49— S. 50(1)(a) amended by No. 42/2007 s. 10(1)(a). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that— S. 50(1)(a)(i) amended by No. 87/2004 s. 22(1)(l). (i) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and S. 50(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(l), 68/2009 s. 97(Sch. item 23.38). (ii) where the applicant acquired the interest before the commission of the Schedule 1 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 1 offence; and S. 50(1)(a)(iii) amended by No. 87/2004 s. 22(1)(l). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 1 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; and S. 50(1)(a)(iv) substituted by No. 42/2007 s. 10(2), amended by No. 68/2009 s. 97(Sch. item 23.38). (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 1 offence or the date that the
97-108a057.docx