(b) the court is satisfied that it is not reasonable to expect documentary evidence to exist because of the nature of the transfer of property, the effluxion of time or any other reason. 40U Application for substitution order S. 40U inserted by No. 79/2014 (1) If— s. 16. (a) a court has made a section 40S exclusion order excluding property (the excluded from the operation of an property) unexplained wealth restraining order; and (b) the owner of the excluded property owns or controls other property (the restrained not less than the value of the property), excluded property, which remains subject to the unexplained wealth restraining order but is unlikely to be able to vest in the Minister— the applicant for the unexplained wealth restraining order may apply to the court for a substitution order to substitute the excluded property for the restrained property for the purposes of unexplained wealth forfeiture. (2) An application under subsection (1) must be made within 30 days after the making of the section 40S exclusion order and must— (a) specify the excluded property; and (b) specify the restrained property; and (c) state why, in the opinion of the applicant, it is unlikely that the restrained property is unlikely to be able to vest in the Minister.
(b) the court is satisfied that it is not reasonable to expect documentary evidence to exist because of the nature of the transfer of property, the effluxion of time or any other reason. S. 40U inserted by No. 79/2014 s. 16. 40U Application for substitution order (1) If— (a) a court has made a section 40S exclusion order excluding property (the excluded property) from the operation of an unexplained wealth restraining order; and (b) the owner of the excluded property owns or controls other property (the restrained property), not less than the value of the excluded property, which remains subject to the unexplained wealth restraining order but is unlikely to be able to vest in the Minister— the applicant for the unexplained wealth restraining order may apply to the court for a substitution order to substitute the excluded property for the restrained property for the purposes of unexplained wealth forfeiture. (2) An application under subsection (1) must be made within 30 days after the making of the section 40S exclusion order and must— (a) specify the excluded property; and (b) specify the restrained property; and (c) state why, in the opinion of the applicant, it is unlikely that the restrained property is unlikely to be able to vest in the Minister.
97-108a081.docx