Victorian Current Acts Victorian Current ActsS. 54(1) substituted by No. 44/2022 s. 21.
(1) On an application made under section 53, the court may make an order excluding the applicant's interest in property from the operation of section 36GA—
(a) if the court is satisfied that—
(i) the property is not tainted property or derived property; and
(ii) the applicant was not, in any way, involved in the commission of the serious drug offence in relation to which the relevant serious drug offence restraining order was made; and
(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of—
(A) the date that the accused was charged with the serious drug offence; or
(B) the date that the serious drug offence restraining order was made in relation to the property; and
(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; or
(b) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—
(i) where the applicant acquired the interest before the commission, or alleged commission, of the serious drug offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the serious drug offence; and
(ii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the serious drug offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and
(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the serious drug offence or the date that the restraining order was made in relation to the property; and
(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; and
(v) the applicant was not, in any way, involved in the commission of the serious drug offence.
(2) If the court makes an order under subsection
(1), the court may also make an order declaring the nature, extent and value
of the applicant's interest in the property.
Part 7—Return of property