Proceeds of Crime Act 2002
A *proceeds of crime authority cannot, unless the court gives leave, apply for a * forfeiture order under a section of Division 1 in relation to an offence if:
(a) an application has previously been made:
(i) under this Division for an order under the same section of Division 1 ; or
(ii) under another law of the Commonwealth (other than Division 1 ); or
for the forfeiture or condemnation of the property in relation to the offence; and
(iii) under a law of a * non-governing Territory;
(b) the application has been finally determined on the merits.
View history note
Hide history note60(2)
The court must not give leave unless it is satisfied that:
(a) the property to which the new application relates was identified only after the first application was determined; or
(b) necessary evidence became available only after the first application was determined; or
(c) it is in the interests of justice to grant the leave.
60(3)
To avoid doubt:
(a) a *proceeds of crime authority may apply for a * forfeiture order under a section of Division 1 against property in relation to an offence even though an application has previously been made under a different section of Division 1 for forfeiture of that property in relation to that offence; and
(b) a proceeds of crime authority may apply for a forfeiture order against property in relation to an offence even though an application has previously been made for a * pecuniary penalty order or a * literary proceeds order in relation to that offence.
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