(1)  The DPP may apply to the Supreme Court for a forfeitable property declaration to be made in relation to property specified in the application.

(2)  An application under subsection (1) may only be made in respect of property that –

(a) is not owned, but the DPP suspects is effectively controlled or was given away, by a respondent to an unexplained wealth declaration; and

(b) is not restrained property.

(3)  An application under subsection (1) may be made –

(a) in the course of proceedings under Division 5 for an unexplained wealth declaration; or

(b) at any other time.