(E) where the applicant acquired the S. 22(b)(i)(E) interest from the accused, directly amended by No. 68/2009 or indirectly, that it was acquired s. 97(Sch. for sufficient consideration; or item 23.20). S. 22(b)(ii) (ii) if the court is satisfied that the property amended by is not tainted property or derived No. 42/2007 s. 6(5)(a). property and that— S. 22(b)(ii)(A) (A) the applicant's interest in the substituted by property was not subject to the No. 42/2007 effective control of the accused on s. 6(5)(b), amended by the earlier of the date that the No. 68/2009 accused was charged with the s. 97(Sch. item 23.20). Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 22(b)(ii)(B) (B) where the applicant acquired the amended by interest from the accused, directly No. 68/2009 s. 97(Sch. or indirectly, that it was acquired item 23.20). for sufficient consideration; or S. 22(c) (c) where the application is made by the amended by executor or administrator of the estate of a Nos 42/2007 deceased accused, the court may make an s. 6(1)(c), 68/2009 order excluding the applicant's interest in the s. 97(Sch. property from the operation of the restraining item 23.20). order if the court is satisfied that— (i) the accused is dead; and S. 22(c)(i) amended by No. 68/2009 s. 97(Sch. item 23.20).
S. 22(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.20). (E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 22(b)(ii) amended by No. 42/2007 s. 6(5)(a). (ii) if the court is satisfied that the property is not tainted property or derived property and that— S. 22(b)(ii)(A) substituted by No. 42/2007 s. 6(5)(b), amended by No. 68/2009 s. 97(Sch. item 23.20). (A) 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. 22(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.20). (B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 22(c) amended by Nos 42/2007 s. 6(1)(c), 68/2009 s. 97(Sch. item 23.20). (c) where the application is made by the executor or administrator of the estate of a deceased accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if the court is satisfied that— S. 22(c)(i) amended by No. 68/2009 s. 97(Sch. item 23.20). (i) the accused is dead; and
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