Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 246

    (1)     A relevant court may give leave for—

        (a)     an application in relation to any confiscation proceeding to be made after the end of a period otherwise provided by this Act (the standard period ); or

        (b)     if an application for a particular order in relation to an offence has already been made in relation to the offence (or a related offence)—another application for an order of that kind to be made in relation to the same offence (or a related offence), whether before or after the end of the standard period; or

        (c)     the amendment of an application for an order under this Act to vary the property or benefits to which the application relates.

    (2)     The court may give leave only if satisfied that—

        (a)     property or benefits to which the application relates were (or will be) derived from the offence, or identified, after the end of the standard period; or

        (b)     necessary evidence has (or will) become available only after the end of the standard period; or

        (c)     it is otherwise desirable having regard to the purposes of this Act.

    (3)     To remove any doubt, this section does not authorise a relevant court to give leave for an application for an exclusion order in relation to property that has been forfeited.