Section 102(3)(a) of the POCA does not permit a 'substantially lawfully acquired' test — any derivation of property from unlawful activity, whether direct or indirect, disqualifies the property from transfer to a third party claimant. The relevant date for assessing 'effective control' under s 141(1)(c) is the date of the restraining order, not the date of the hearing. Courts have power under s 102 to make conditional transfer orders and to order transfer of property without declaring its monetary value, provided the nature and extent of the interest are declared. Where a discretion under s 141 is exercised by reference to encumbrances that are themselves under the effective control of the offender, the discretion miscarries.
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