s. 23 (iii) the property is not derived property; S. 22(c)(iii) and substituted by No. 42/2007 s. 6(6). S. 22(c)(iiia) (iiia) the property is not tainted property and inserted by is not, or will not be, subject to a No. 42/2007 s. 6(6), tainted property substitution declaration amended by under section 36F; and No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)). (iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991. (2) If the court makes an order under subsection (1), S. 22(2) inserted by the court may also make an order declaring the No. 68/2010 nature, extent and value of the applicant's interest s. 14(3). in the property. 23 Declaration that restraining order shall be S. 23 amended by disregarded for purposes of automatic forfeiture No. 42/2007 s. 7(1). If— (a) in the circumstances set out in section 22(a), S. 23(a) amended by the court is satisfied of the matters referred No. 42/2007 to in subparagraphs (i), (ii) and (iia); or s. 7(2)(a). S. 23(b) (b) in the circumstances set out in section 22(c), amended by the court is satisfied of the matters referred No. 42/2007 s. 7(2)(b). to in subparagraphs (i), (ii), (iii) and (iiia)— but the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35. Note to s. 23 Note inserted by No. 42/2007 s. 7(3).
S. 22(c)(iii) substituted by No. 42/2007 s. 6(6). (iii) the property is not derived property; and S. 22(c)(iiia) inserted by No. 42/2007 s. 6(6), amended by No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)). (iiia) the property is not tainted property and is not, or will not be, subject to a tainted property substitution declaration under section 36F; and (iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991. S. 22(2) inserted by No. 68/2010 s. 14(3). (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. S. 23 amended by No. 42/2007 s. 7(1). 23 Declaration that restraining order shall be disregarded for purposes of automatic forfeiture s. 23 If— S. 23(a) amended by No. 42/2007 s. 7(2)(a). (a) in the circumstances set out in section 22(a), the court is satisfied of the matters referred to in subparagraphs (i), (ii) and (iia); or S. 23(b) amended by No. 42/2007 s. 7(2)(b). (b) in the circumstances set out in section 22(c), the court is satisfied of the matters referred to in subparagraphs (i), (ii), (iii) and (iiia)— but the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35. Note to s. 23 inserted by No. 42/2007 s. 7(3). Note
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