(1) A court that made a ^* forfeiture order, or that is hearing, or is to hear, an application (a forfeiture application ) for a forfeiture order, must make an order excluding property from forfeiture (an exclusion order ) if:

(a)

a person applies for the exclusion order; and

(b)

the forfeiture order, or the forfeiture application, specifies the applicant's property; and

(c)

if the forfeiture order was (or the forfeiture order applied for would be) made under section 47 or 49 and the applicant is the person on whose commission of an offence the order was (or would be) based—the court is satisfied that the property to be specified in the exclusion order is neither:

(i)

^* proceeds of ^* unlawful activity; nor

(ii)

if an offence on which the order is (or would be) based is a ^* terrorism offence—an ^* instrument of any terrorism offence; and

(d)

if the forfeiture order was (or the forfeiture order applied for would be) made under section 47 or 49 and the applicant is not the person on whose commission of an offence the order was (or would be) based—the court is satisfied that:

(i)

the applicant was not, in any way, involved in the commission of any of the offences to which the forfeiture order or forfeiture application relates; and

(ii)

the property to be specified in the exclusion order is not proceeds of unlawful activity; and

(iii)

if an offence on which the order is (or would be) based is a terrorism offence—the property to be specified in the exclusion order is not an instrument of any terrorism offence; and

(e)

if the forfeiture order was (or the forfeiture order applied for would be) made under section 48—the court is satisfied that:

(i)

the applicant was not, in any way, involved in the commission of any of the offences to which the forfeiture order or forfeiture application relates; and

(ii)

the property to be specified in the exclusion order is neither proceeds nor an ^* instrument of any of those offences.

(2) An ^* exclusion order must:

(a)

specify the nature, extent and value (at the time of making the order) of the property concerned; and

(b)

direct that the property be excluded from the operation of the relevant ^* forfeiture order; and

(c)

if the property has vested (in law or equity) in the Commonwealth under this Part and is yet to be disposed of—direct the Commonwealth to transfer the property to the applicant; and

(d)

if the property has vested (in law or equity) in the Commonwealth under this Part and has been disposed of—direct the Commonwealth to pay the applicant an amount equal to the value specified under paragraph (a).