Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 5 - Reducing the effect of forfeiture orders  

Subdivision B - Excluding property from a forfeiture order  

SECTION 74   Applying for exclusion orders  

Before a forfeiture order has been made

74(1)  


A person may apply for an * exclusion order if a * forfeiture order that could specify property in which the person claims an *interest has been applied for, but is yet to be made. After a forfeiture order has been made

74(2)  


A person who claims an *interest in property specified in a *forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an *exclusion order.

74(3)  


However, unless the court gives leave, the person cannot apply for an *exclusion order if he or she:


(a) was notified of the application for the *forfeiture order, but did not appear at the hearing of that application; or


(b) appeared at the hearing of that application.

74(4)  


The court may give the person leave to apply if the court is satisfied that:


(a) if paragraph (3)(a) applies - the person had a good reason for not appearing; or


(b) if paragraph (3)(b) 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


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




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