77Making of exclusion orders—serious offences

77 Making of exclusion orders—serious offences (a) a restraining order in relation to the property has been applied for under section 26 (Restraining orders over other property— application) in relation to a serious offence; or (b) the property has been restrained (but not forfeited) under an order under section 31 (Restraining orders over other property— making) in relation to a serious offence; or (c) a conviction forfeiture order for a serious offence has been applied for in relation to the property; or (d) the property is subject to automatic forfeiture under division 5.2 (Automatic forfeiture—conviction for serious offences). (2) If the application is made by an offender, the relevant court must not make an exclusion order for the property unless the court is satisfied that the property— (a) was lawfully acquired by the offender; and (c) is not required to be restrained to satisfy a penalty order; and (d) does not have evidentiary value in any criminal proceeding. (3) However, if the court is satisfied that the property was lawfully acquired, and is not tainted property as mentioned in subsection (2) (b), but considers that the property (or any part of the property) may be required to be restrained to satisfy a penalty order, the court must make an exclusion order declaring that the property (or part)— (a) is not subject to automatic forfeiture or to forfeiture under a forfeiture order; but (b) is to remain restrained for the purpose of satisfying a penalty (4) If the application is made by a person other than an offender, the court must not make an exclusion order for the property unless it is satisfied (b) the applicant was not a party to the relevant serious offence or any related offence; and (c) the interest is not subject to the effective control of an offender; and (d) the interest is not tainted property in relation to the relevant serious offence or any related offence; and indirectly, from the offender—the interest was acquired acquired by the applicant; (5) An exclusion order must state the property to which it applies.