92Property not owned by respondent available for forfeiture

92 Property not owned by respondent available for forfeiture (1) The court that is hearing an application under section 91 may declare that property specified in the application that is not owned by the respondent is available for forfeiture under this Part (whether or not the property is subject to a restraining order under this Act) to satisfy the respondent's liability to the Territory under Part 6 if it is more likely than not: (a) that the respondent effectively controlled the property at the time that the application was made for a declaration under Part 6; or (b) that the respondent had given the property away at a time before the application was made for a declaration under Part 6. (2) The property mentioned in subsection (1) is presumed to have been effectively controlled by the respondent or to have been given away by the respondent at the material time unless the respondent establishes the contrary. (3) If a court makes a declaration under this section, the court may make any necessary or convenient ancillary orders.