Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 74

Before a forfeiture order has been made

  (1)   A person may apply for an * exclusion order if a * forfeiture order that could specify property in which the person claims an * interest has been applied for, but is yet to be made.

After a forfeiture order has been made

  (2)   A person who claims an * interest in property specified in a * forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an * exclusion order.

  (3)   However, unless the court gives leave, the person cannot apply for an * exclusion order if he or she:

  (a)   was notified of the application for the * forfeiture order, but did not appear at the hearing of that application; or

  (b)   appeared at the hearing of that application.

  (4)   The court may give the person leave to apply if the court is satisfied that:

  (a)   if paragraph   (3)(a) applies--the person had a good reason for not appearing; or

  (b)   if paragraph   (3)(b) applies--the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or

  (c)   in either case--there are other special grounds for granting the leave.