Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-2
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FORFEITURE ORDERS
Division 5
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Reducing the effect of forfeiture orders
Subdivision B
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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.
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.
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Hide history noteAfter 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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