(1) On an application made under section 51, the S. 52(1) court may make an order excluding the applicant's amended by No. 42/2007 interest in property from the operation of s. 11(1). section 35— (a) if the court is not satisfied that the property S. 52(1)(a) amended by in which the applicant claims an interest is No. 42/2007 not tainted property or derived property but s. 11(2). is satisfied that— (i) the applicant was not, in any way, S. 52(1)(a)(i) amended by involved in the commission of the No. 87/2004 s. 22(1)(m). Schedule 2 offence; and (ii) where the applicant acquired the S. 52(1)(a)(ii) interest before the commission of the amended by Nos 87/2004 Schedule 2 offence, the applicant did s. 22(1)(m), not know that the accused would use, or 68/2009 s. 97(Sch. intended to use, the property in, or in item 23.40). connection with, the commission of the Schedule 2 offence; and (iii) where the applicant acquired the S. 52(1)(a)(iii) amended by interest at the time of or after the Nos 87/2004 s. 22(1)(m), commission of the Schedule 2 offence, 42/2007 the applicant acquired the interest s. 11(2). 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 S. 52(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. 11(3), amended by that the accused was charged with the No. 68/2009 Schedule 2 offence or the date that the s. 97(Sch. item 23.40). restraining order was made in relation to the property; and (v) where the applicant acquired the S. 52(1)(a)(v) amended by interest from the accused, directly or No. 68/2009 s. 97(Sch. item 23.40).
S. 52(1) amended by No. 42/2007 s. 11(1). (1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35— S. 52(1)(a) amended by No. 42/2007 s. 11(2). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m). (i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 52(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(m), 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest before the commission of the Schedule 2 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 2 offence; and S. 52(1)(a)(iii) amended by Nos 87/2004 s. 22(1)(m), 42/2007 s. 11(2). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 2 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 or derived property; and S. 52(1)(a)(iv) substituted by No. 42/2007 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 23.40). (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 2 offence or the date that the restraining order was made in relation to the property; and S. 52(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.40). (v) where the applicant acquired the interest from the accused, directly or
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