121Order to release forfeited property

121 Order to release forfeited property (1) The court that is hearing an application under section 119 may order the release of any property if the applicant establishes that: (a) immediately before the property was forfeited, the applicant was the owner of the property or was one of 2 or more owners of the property; and (b) the property was not effectively controlled by a person who made criminal use of the property or who wholly or partly derived or realised the property, directly or indirectly, from the commission of a forfeiture offence; and (c) the applicant was not aware and could not reasonably be expected to have become aware, until after the property was forfeited, that the property was liable to forfeiture under Part 7, Division 3; and (d) the applicant is an innocent party in relation to the property; and (e) each other owner (if there are more than one) is an innocent party in relation to the property. (2) If a court orders the release of property under this section: (a) if the property is money – the money is to be paid to the applicant; and (b) if the property is not money and has not been disposed of – the property is to be given to the applicant; and (c) if the property is not money and has been sold – the proceeds of the sale are to be paid to the applicant. (3) If the applicant fails to establish for subsection (1) that each other owner is an innocent party, the court may order the release of the applicant's share of the property. (4) In an order under subsection (3), the court must specify: (a) the proportion that it finds to be the applicant's share of the