Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 13

Amendment of applications
(1)  A court may, at any time before making a confiscation order, amend the application for the order at the request of, or with the consent of, the authorized officer who made the application.
(2)  A court is not to exercise the power referred to in subsection (1) 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(c) the property or benefit was not reasonably capable of being identified when the application was originally made; or
(d) necessary evidence became available only after the application was originally made.
(3)  If the amendment of an application for a forfeiture order would have the effect of including additional property in the application for the forfeiture order
(a) the applicant for the amendment is to give written notice of the application to amend to each person who the applicant has reason to believe may have an interest in the additional property; and
(b) a person so notified and any person who claims an interest in the additional property may appear and adduce evidence at the hearing of the application to amend.
(4)  If the amendment of an application for a pecuniary penalty order against a person would have the effect of including an additional benefit in the application for the pecuniary penalty order, the applicant for the amendment is to give the person written notice of the application to amend.



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