(1) The court may confirm the ^* forfeiture order if the court is satisfied that:

(a)

it could have made a forfeiture order under section 47 in relation to the offence in relation to which the person's conviction was ^* quashed if, when the ^* DPP applied for an order under section 48, it had instead applied for an order under section 47; or

(b)

it could have made a forfeiture order under section 49 in relation to the offence in relation to which the person's conviction was quashed if, when the DPP applied for an order under section 48, it had instead applied for an order under section 49.

(2) For the purposes of paragraph (1)(a), the court is to treat any relevant conduct of the person (other than conduct that constitutes a ^* terrorism offence) as having been made within the period of 6 years referred to in paragraph 47(1)(c).