36FDetermination of application

36F Determination of application (1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied that— (a) the accused used or intended to use the property which is not available for forfeiture in or in connection with the commission of the Schedule 2 offence of which the accused is convicted; and (b) the property referred to in paragraph (a) is not available for forfeiture; and (c) the property which is to be substituted for the property referred to in paragraph (a)— (i) is property in which the accused had an interest at the time that the Schedule 2 offence was committed; and (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. (3) A court must not make a tainted property substitution declaration under this Division in respect of any property if, at the time of the commission of the Schedule 2 offence, the accused did not have an interest in the property. (4) If the court makes a tainted property substitution declaration under this Division in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. S. 36G inserted by No. 68/2010 s. 19.