(1) The court to which an application for a ^* restraining order under section 17, 18 or 19 was made may, when the order is made or at a later time, exclude specified property from the order if:

(a)

an application is made under section 30 or 31; and

(b)

the court is satisfied that the relevant reason under subsection (2) or (3) for excluding the property from the order exists.

Note: Section 31A may prevent the court from hearing the application until the DPP has had a reasonable opportunity to conduct an examination of the applicant.

(2) The reasons for excluding specified property from a ^* restraining order are:

(a)

for a restraining order under section 17 if the offence, or any of the offences, to which the order relates is a ^* serious offence—the property is neither ^* proceeds nor an ^* instrument of ^* unlawful activity; or

(b)

for a restraining order under section 17 if paragraph (a) does not apply—the property is neither proceeds nor an instrument of the offence, or any offence, to which the order relates; or

(c)

for a restraining order under section 18—the property is neither:

(i)

in any case—proceeds of unlawful activity; nor

(ii)

if an offence to which the order relates is a ^* terrorism offence—an ^* instrument of any terrorism offence; or

(d)

for a restraining order under section 19—the property is neither:

(i)

in any case—proceeds of an ^* indictable offence, a ^* foreign indictable offence or an ^* indictable offence of Commonwealth concern; nor

(ii)

if an offence to which the order relates is a ^* terrorism offence—an ^* instrument of any terrorism offence.

Note: One of the circumstances in which property ceases to be proceeds of an offence or unlawful activity involves acquisition of the property by an innocent third party for sufficient consideration: see paragraph 330(4)(a).

(3) If the offence, or each offence, to which a ^* restraining order relates is a ^* serious offence that is an offence against section 15, 24, 29 or 31 of the Financial Transaction Reports Act 1988 , a further reason for excluding property from the order is that each of the following requirements is met:

(a)

there are no reasonable grounds to suspect that the property is ^* proceeds of the offence, or any of the offences;

(b)

there is a ^* suspect in relation to the order, but he or she has not been convicted of, or charged with, the offence, or any of the offences;

(c)

the conduct in question was not for the purpose of, in preparation for, or in contemplation of, any other ^* indictable offence, any ^* State indictable offence or any ^* foreign indictable offence;

(d)

the property could not have been covered by a restraining order if none of the offences had been serious offences.

(4) However, the court must not exclude property from a ^* restraining order under section 17 or 18 unless it is also satisfied that neither a ^* pecuniary penalty order nor a ^* literary proceeds order could be made against:

(a)

the person who owns the property; or

(b)

if the property is not owned by the ^* suspect but is under his or her ^* effective control—the suspect.