Property that is the subject of –

(a) a forfeitable property declaration made on the basis of the property being effectively controlled, or given away, by a respondent; or

(b) a wealth-restraining order made on the basis of the property being effectively controlled by a respondent –

is only to be called upon to satisfy the respondent's unexplained wealth liability if property owned by the respondent is not available or is insufficient to satisfy the liability.