s. 22 22 Determination of exclusion application—restraining S. 22 order—automatic forfeiture amended by Nos 87/2004 (1) On an application made under section 20, where s. 11(a), 68/2010 the restraining order has been made in relation to a s. 14(3) (ILA Schedule 2 offence for the purposes of automatic s. 39B(1)). forfeiture— (a) the court may make an order excluding the S. 22(a) amended by applicant's interest in the property from the Nos 43/1998 operation of the restraining order if the court s. 39(a), 42/2007 is satisfied that— s. 6(1)(a). (i) the property in which the applicant claims an interest was lawfully acquired by the applicant; and (ii) the property is not tainted property; and S. 22(a)(ii) substituted by No. 87/2004 s. 11(b). (iia) the property is not derived property; S. 22(a)(iia) inserted by and No. 42/2007 s. 6(2). (iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or (b) where the application is made by a person S. 22(b) amended by other than the accused, the court may make Nos 42/2007 an order excluding the applicant's interest in s. 6(1)(b), 68/2009 the property from the operation of the s. 97(Sch. restraining order— item 23.20). (i) if the court is not satisfied that the S. 22(b)(i) amended by property in which the person claims an No. 42/2007 interest is not tainted property or s. 6(3). derived property but is satisfied that—
S. 22 amended by Nos 87/2004 s. 11(a), 68/2010 s. 14(3) (ILA s. 39B(1)). 22 Determination of exclusion application—restraining order—automatic forfeiture s. 22 (1) On an application made under section 20, where the restraining order has been made in relation to a Schedule 2 offence for the purposes of automatic forfeiture— S. 22(a) amended by Nos 43/1998 s. 39(a), 42/2007 s. 6(1)(a). (a) 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— (i) the property in which the applicant claims an interest was lawfully acquired by the applicant; and S. 22(a)(ii) substituted by No. 87/2004 s. 11(b). (ii) the property is not tainted property; and S. 22(a)(iia) inserted by No. 42/2007 s. 6(2). (iia) the property is not derived property; and (iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or S. 22(b) amended by Nos 42/2007 s. 6(1)(b), 68/2009 s. 97(Sch. item 23.20). (b) where the application is made by a person other than the accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order— S. 22(b)(i) amended by No. 42/2007 s. 6(3). (i) if the court is not satisfied that the property in which the person claims an interest is not tainted property or derived property but is satisfied that—
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