(A) was lawfully acquired by the S. 68(4) accused; and (a)(i)(A) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (B) is not derived property; and S. 68(4)(a)(i)(B) substituted by No. 42/2007 s. 13. S. (C) is not tainted property; or 68(4)(a)(i)(C) inserted by No. 42/2007 s. 13. (ii) an interstate forfeiture order already applies to the property; or (iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1986 already applies to the property; or (b) in the case of expenditure— (i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or (ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the Crimes (Confiscation of Profits) Act 1986. Note to s. 68 Note inserted by is defined as including any interest in property: see No. 42/2007 Property s. 18(Sch. section 3(1). item 20).
S. 68(4) (a)(i)(A) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (A) was lawfully acquired by the accused; and S. 68(4)(a)(i)(B) substituted by No. 42/2007 s. 13. (B) is not derived property; and S. 68(4)(a)(i)(C) inserted by No. 42/2007 s. 13. (C) is not tainted property; or (ii) an interstate forfeiture order already applies to the property; or (iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1986 already applies to the property; or (b) in the case of expenditure— (i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or (ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the Crimes (Confiscation of Profits) Act 1986. Note to s. 68 inserted by No. 42/2007 s. 18(Sch. item 20). Note Property is defined as including any interest in property: see section 3(1).
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