36BApplication for tainted property substitution declaration

36B Application for tainted property substitution declaration (1) If property is restrained for the purposes of automatic forfeiture and an application under section 20 is made for an exclusion order under section 22, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court. S. 36B(1A) inserted by No. 77/2013 s. 6. (1A) Subsection (1) applies only if an application under section 20(1) has been made— (b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in section 35(1). (2) An application under subsection (1) must be made within 30 days after service on the applicant of notice of the application under section 20. (3) The court may extend the period within which an application under subsection (1) may be made, whether or not that period has expired, if it is in the interests of justice to do so. (4) An application under subsection (1) must— (a) specify property that the accused used or intended to use in or in connection with the commission or alleged commission of the Schedule 2 offence in relation to which the restraining order was made; and (b) specify property which is to be substituted for the property referred to in paragraph (a) that— (i) is property in which the accused had an interest at the time that the Schedule 2 offence was committed, or is alleged to have been committed; and S. 36C inserted by No. 68/2010 s. 19.