South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 60

60—Applying for exclusion orders

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

        (2)         A person cannot, except with the permission of the court, apply for an exclusion order after a forfeiture order specifying the person's property has been made if—

            (a)         the person—

                  (i)         appeared at the hearing of that application; or

                  (ii)         was given notice of the application for the forfeiture order, but did not appear at the hearing of that application; or

            (b)         6 months have elapsed since the forfeiture order was made.

        (3)         The court may only give permission to apply under subsection (2) if satisfied that—

            (a)         if subsection (2)(a)(i) 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

            (b)         if subsection (2)(a)(ii) applies—the person had a good reason for not appearing; or

            (c)         if subsection (2)(b) applies—the person's failure to apply was not due to any neglect by the person; or

            (d)         in any case—there are special grounds for giving the permission.