South Australian Current Acts South Australian Current Acts (1) The court hearing
an application for a forfeiture order may, on the application or with the
consent of the DPP, amend the application.
(2) However, the court
must not amend the application to include additional property in the
application unless—
(a) the
court is satisfied that—
(i)
the property was not reasonably capable of identification
when the application was originally made; or
(ii)
necessary evidence became available only after the
application was originally made; or
(b) the
forfeiture order applied for is an order to which section 47(1)(b) or (c)
or (3)(b) or (c) applies and the court is satisfied that—
(i)
including the additional property in the application for
the order might have prejudiced the investigation of, or the prosecution of a
person for, an offence; or
(ii)
it is for any other reason appropriate to grant the
application to amend.
(3) The DPP must, on
applying for an amendment to include additional property in the application,
give written notice of the application to amend to any person whom the DPP
reasonably believes may have an interest in the additional property.
(4) However, the court
may, on the application of the DPP, dispense with the requirement to give
notice to a person under subsection (3) if the court is satisfied that
the person has absconded in connection with an offence.
(5) If the
forfeiture order applied for is an order to which section 47(1)(a) or
(3)(a) applies, any person who claims an interest in that additional property
may appear and adduce evidence at the hearing of the application to amend.