s. 35 (ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. (3) A court must not make a tainted property S. 34C(3) amended by substitution declaration in respect of any property Nos 87/2004 if, at the time of the commission of the Schedule 1 s. 22(1)(g), 68/2009 offence, the accused did not have an interest in the s. 97(Sch. property. item 23.27). (4) If the court makes a tainted property substitution declaration in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. Division 2—Automatic forfeiture after conviction 35 Automatic forfeiture of restrained property on conviction of certain offences (1) If— S. 35(1) amended by Nos 43/1998 s. 36(d), 42/2007 s. 9. (a) a person is convicted of a Schedule 2 S. 35(1)(a) amended by offence; and No. 87/2004 s. 22(1)(h). (b) a restraining order is or was made under Part 2 in respect of property for the purposes of automatic forfeiture in reliance on—
(ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. S. 34C(3) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (3) A court must not make a tainted property substitution declaration in respect of any property if, at the time of the commission of the Schedule 1 offence, the accused did not have an interest in the property. (4) If the court makes a tainted property substitution declaration in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. Division 2—Automatic forfeiture after conviction 35 Automatic forfeiture of restrained property on conviction of certain offences s. 35 S. 35(1) amended by Nos 43/1998 s. 36(d), 42/2007 s. 9. (1) If— S. 35(1)(a) amended by No. 87/2004 s. 22(1)(h). (a) a person is convicted of a Schedule 2 offence; and (b) a restraining order is or was made under Part 2 in respect of property for the purposes of automatic forfeiture in reliance on—
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