Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 16

16. (1) Subject to subsection (2), where the DPP applies for a confiscation order, the court hearing the application may amend the application—

        (a)     on application by the DPP; or

        (b)     with the consent of the DPP.

(2) The court shall not amend the application so as to—

        (a)     include additional property in an application for a forfeiture order; or

        (b)     include an additional benefit in an application for a pecuniary penalty order;

unless the court is satisfied that—

        (c)     the property or benefit was not reasonably capable of identification when the application was originally made; or

        (d)     necessary evidence became available only after the application was originally made.

(3) Where—

        (a)     the DPP applies to amend an application for a forfeiture order; and

        (b)     the amendment would have the effect of including additional property in the application for the forfeiture order;

then—

        (c)     the DPP shall give written notice of the application to amend to any person who the DPP has reason to believe may have an interest in property to be included in the application for the forfeiture order; and

        (d)     any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the application to amend.

(4) Where—

        (a)     the DPP applies to amend an application for a pecuniary penalty order against a person; and

        (b)     the effect of the amendment would be to include an additional benefit in the application for the pecuniary penalty order;

the DPP shall give the person written notice of the application to amend.