S 102(2) repealed by No 4 of 2010, s 3 and Sch 1 item 62, applicable in relation to property covered by restraining orders made on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 102(2) formerly read:

102(2)
An order under this section may be made if:

(a) the applicant was not, in any way, involved in the commission of the offence to which the forfeiture relates; and

(b) the applicant ' s * interest in the property is not subject to the * effective control of the person whose conviction caused the forfeiture; and

(c) the applicant ' s interest in the property is not * proceeds of the offence or an * instrument of the offence.

S 102(3) repealed by No 4 of 2010, s 3 and Sch 1 item 62, applicable in relation to property covered by restraining orders made on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 102(3) formerly read:

102(3)
An order under this section may also be made if:

(a) the property was not used in, or in connection with, any * unlawful activity and was not derived or realised, directly or indirectly, by any person from any unlawful activity; and

(b) the applicant acquired the property lawfully; and

(c) the applicant is not the person convicted of the offence to which the forfeiture relates.

S 102(1) amended by No 4 of 2010, s 3 and Sch 1 items 58 to 61, by substituting " must " for " may " , substituting para (b) and substituting " directing the Commonwealth to pay " for " declaring that there is payable by the Commonwealth " in para (d)(ii), applicable in relation to property covered by restraining orders made on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. Para (b) formerly read:

(b) the court is satisfied that the grounds set out in subsection (2) or (3) exist;