(2) The Supreme Court may make a third party order if it
is satisfied—
(a) the applicant, apart from the forfeiture, would have an
interest in the property; and
(b) the applicant was not, in any way, involved
in the commission of the relevant serious criminal offence; and
(c) the
applicant acquired the interest—
(i) in good faith and for sufficient
consideration; and
(ii) if the applicant acquired the interest at the time of
or after the commission of the relevant serious criminal offence—without
knowing, and in circumstances not likely to arouse a reasonable suspicion,
that the property was tainted property; and
(d) the applicant’s interest in
the property was not under the prescribed respondent’s effective control
before it was forfeited.
(3) Also, the Supreme Court may make a
third party order if it is satisfied—
(a) the applicant, apart from the
forfeiture, would have an interest in the property; and
(b) the property was
not used in, or in connection with, any illegal activity and was not derived
by anyone from any illegal activity; and
(c) the applicant’s interest in
the property was lawfully acquired.