s. 40B (A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or (B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and (iii) where the applicant acquired the S. 40B(1)(b)(iii) amended by interest at the time of or after the No. 55/2014 s. 13(1)(b). commission, or alleged commission, of the relevant Schedule 2 offences, 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 (iv) the applicant's interest in the property— (A) was not subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property; or (B) was subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property but the person in effective control satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person in effective control; and
(A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or (B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and S. 40B(1)(b)(iii) amended by No. 55/2014 s. 13(1)(b). (iii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the relevant Schedule 2 offences, 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 (iv) the applicant's interest in the property— (A) was not subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property; or s. 40B (B) was subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property but the person in effective control satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person in effective control; and
97-108a066.docx