order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that— (i) the applicant was not, in any way, S. 50(1)(a)(i) 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 (iii) where the applicant acquired the S. 50(1)(a)(iii) amended by interest at the time of or after the No. 87/2004 commission of the Schedule 1 offence, s. 22(1)(l). the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; and (iv) the applicant's interest in the property S. 50(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. 10(2), amended by that the accused was charged with the No. 68/2009 Schedule 1 offence or the date that the s. 97(Sch. item 23.38). restraining order was made in relation to the property; and (v) where the applicant acquired the S. 50(1)(a)(v) amended by interest from the accused, directly or No. 68/2009 indirectly, that it was acquired for s. 97(Sch. item 23.38). sufficient consideration; or (b) if the court is satisfied that the property is not S. 50(1)(b) substituted by tainted property, the court may make an No. 43/1998 order excluding the applicant's interest in the s. 19, amended by No. 42/2007 s. 10(1)(b).
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(1)(a)(iii) amended by No. 87/2004 s. 22(1)(l). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 1 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; and S. 50(1)(a)(iv) substituted by No. 42/2007 s. 10(2), amended by No. 68/2009 s. 97(Sch. item 23.38). (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 1 offence or the date that the restraining order was made in relation to the property; and S. 50(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.38). (v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 50(1)(b) substituted by No. 43/1998 s. 19, amended by No. 42/2007 s. 10(1)(b). (b) if the court is satisfied that the property is not tainted property, the court may make an order excluding the applicant's interest in the
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