7. The court grants the forfeiture application if it is convinced that the property is proceeds or an instrument of unlawful activity. In the case of an instrument of unlawful activity, the court must also be convinced that the owner participated in the unlawful activity, was aware that the property was used to engage in such activity or could not reasonably have been unaware that the property was so used.
In all cases where the alleged unlawful activity is a penal offence under an Act listed in Schedule 1, the court must also be convinced that the activity resulted in substantial economic gain for the owner, possessor or holder.
The court may, according to the evidence presented before it, grant the forfeiture application only for some of the property for which the forfeiture application is filed.