South Australian Numbered Acts South Australian Numbered Acts60—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 leave 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 leave 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 leave.