78Making of exclusion orders—unclaimed tainted property

78 Making of exclusion orders—unclaimed tainted property unclaimed tainted property if— (a) an unclaimed tainted property restraining order has been applied for in relation to the property; or (b) the property has been restrained under an unclaimed tainted property restraining order (but not forfeited); or (c) the property is subject to automatic forfeiture under division 5.3 (Automatic forfeiture—unclaimed tainted property). (2) The court must not make an exclusion order unless the court is (a) the applicant for the exclusion order has an interest in the property; and (b) the interest was lawfully acquired by the applicant; and (c) the interest is not tainted property in relation to any offence against a territory law, or a law of the Commonwealth, a State, another Territory or a foreign country; and (d) the interest is not required to be restrained to satisfy a penalty order; and (e) the property does not have evidentiary value in any criminal (3) An exclusion order must state the property to which it applies. Benefits Division 7.1