Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 3 - Recovery of forfeited property  

SECTION 104   Applying for an order under section 102  

104(1)  


A person who claims an *interest in property that has been forfeited to the Commonwealth under section 92 may, at any time after the forfeiture, apply to the court that made the *restraining order referred to in paragraph 92(1)(b) for an order under section 102 .

104(2)  
However, unless the court gives leave, the person cannot make an application for an order under section 102 if he or she:

(a)  either:


(i) was given a notice under subsection 92A(1) in relation to the property; or

(ii) was not given such a notice because of subsection 92A(2) ; and

(b)  either:


(i) did not make an application under section 29 or 94 in relation to the property; or

(ii) made such an application and appeared at the hearing of the application.

104(3)  
The court may give the person leave to apply if the court is satisfied that:

(a)  if subparagraph (2)(b)(i) applies - the person had a good reason for not making an application under section 29 or 94 ; or

(b)  if subparagraph (2)(b)(ii) applies - the person now has evidence relevant to the person's application under this section that was not available at the time of the hearing; or

(c)  in either case - there are other special grounds for granting the leave.

104(4)  


The applicant must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.

104(5)  


The *responsible authority may appear and adduce evidence at the hearing of the application.

104(6)  


The *responsible authority must give the applicant notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.

104(7)  


The application must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application.



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