Document ID: chunk:federal_register_of_legislation:C2018C00169:section:48:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 48 (pt 3/4)
Character Range: 142660–145304

applicant was not, in any way, involved in the commission of the offence; and
 (ii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence—the applicant acquired the interest:
 (A) for sufficient consideration; and
 (B) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property;
 (fa) where the applicant is not the defendant and the restraining order was made by virtue of subsection 44(7A)—the court is satisfied that:
 (i) the applicant was not, in any way, involved in the commission of the offence;
 (ii) the property is not tainted property in relation to the offence; and
 (iii) the applicant's interest in the property is not subject to the effective control of the defendant; or
 (g) in any case—the court is satisfied that it is in the public interest to do so having regard to all the circumstances, including:
 (i) any financial hardship or other consequence of the interest remaining subject to the order;
 (ii) the seriousness of the offence; and
 (iii) the likelihood that the interest will be:
 (A) subject to a forfeiture order;
 (B) subject to section 30; or
 (C) required to satisfy a pecuniary penalty order.
 (4) Where:
 (a) a person (in this subsection called the defendant) has been convicted of, or has been charged or is about to be charged with, a serious offence;
 (b) a court, in reliance on the conviction, charging or proposed charging, makes a restraining order against property;
 (c) the defendant has an interest in the property;
 (d) the defendant applies to the court for a declaration under this subsection in relation to the interest; and
 (e) the court is satisfied that:
 (i) the property was not used in, or in connection with, any unlawful activity and was not derived, directly or indirectly, by any person from any unlawful activity; and
 (ii) the defendant's interest in the property was lawfully acquired;
the court may, by order, declare that the restraining order, to the extent to which it relates to the property, shall be disregarded for the purposes of section 30.
 (5) Where a person is examined before a court or the registrar of a court pursuant to an order under subsection (1), the person is not excused from answering a question when required to do so by the court or the registrar, as the case may be, on the ground that the answer to the question might tend to incriminate the person or make the person liable to forfeiture or a penalty.
 (6) Where a person is examined before a court or the registrar of a court pursuant to an order under subsection (1),