s. 21 (ii) will not be required to satisfy any purpose for which the restraining order was made— the court may make an order excluding the applicant's interest in the property from the operation of the restraining order; or (b) if the applicant is a person other than the S. 21(b) amended by accused and— No. 68/2009 s. 97(Sch. item 23.19). (i) the court is not satisfied as specified in S. 21(b)(i) amended by paragraph (a)(i), the court may make an No. 42/2007 order excluding the applicant's interest s. 5(1)(b). in the property from the operation of the restraining order if satisfied that— (A) the applicant was not, in any way, S. 21(b)(i)(A) amended by involved in the commission of the No. 87/2004 Schedule 1 offence; and s. 22(1)(b). (B) where the applicant acquired the S. 21(b)(i)(B) amended by interest before the commission, or Nos 87/2004 alleged commission, of the s. 22(1)(b), 68/2009 Schedule 1 offence, the applicant s. 97(Sch. did not know that the accused item 23.19). would use, or intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and (C) where the applicant acquired the S. 21(b)(i)(C) amended by interest at the time of or after the No. 87/2004 commission, or alleged s. 22(1)(b). 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
(ii) will not be required to satisfy any purpose for which the restraining order was made— the court may make an order excluding the applicant's interest in the property from the operation of the restraining order; or S. 21(b) amended by No. 68/2009 s. 97(Sch. item 23.19). (b) if the applicant is a person other than the accused and— S. 21(b)(i) amended by No. 42/2007 s. 5(1)(b). (i) the court is not satisfied as specified in paragraph (a)(i), 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)(i)(A) amended by No. 87/2004 s. 22(1)(b). (A) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and S. 21(b)(i)(B) amended by Nos 87/2004 s. 22(1)(b), 68/2009 s. 97(Sch. item 23.19). (B) where the applicant acquired the interest before the commission, or alleged 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. 21 S. 21(b)(i)(C) amended by No. 87/2004 s. 22(1)(b). (C) where the applicant acquired the interest at the time of or after the commission, or alleged 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
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