s. s. 50 50 (5) Any person notified under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 50. (6) If— (a) the person referred to in subsection (4)(a) proposes to contest an application for an exclusion order; and (b) the application is not made at the same time as the application for a forfeiture order— 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 Schedule 1 offence; and s. 22(1)(l). (ii) where the applicant acquired the S. 50(1)(a)(ii) amended by interest before the commission of the Nos 87/2004 Schedule 1 offence, the applicant did s. 22(1)(l), 68/2009 not know that the accused would use, or s. 97(Sch. intended to use, the property in, or in item 23.38). connection with, the commission of the Schedule 1 offence; and
(5) Any person notified under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 50. (6) If— (a) the person referred to in subsection (4)(a) proposes to contest an application for an exclusion order; and (b) the application is not made at the same time as the application for a forfeiture order— 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
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