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.
History
S 74(1) amended by No 4 of 2010, s 3 and Sch 1 item 25, by substituting
"
property in which the person claims an *interest
"
for
"
the *person's property
"
, effective 20 February 2010. For application provision, see note under s
73(1)
.
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.
History
S 74(2) substituted by No 4 of 2010, s 3 and Sch 1 item 26, effective 20 February 2010. For application provision, see note under s
73(1)
. S 74(2) formerly read:
After a forfeiture order has been made
74(2)
A person cannot, unless the court gives leave, apply for an
*
exclusion order after a
*
forfeiture order specifying the
*
person
'
s property has been made if:
(a)
he or she was given notice of the application for the forfeiture order, but did not appear at the hearing of that application; or
(b)
he or she appeared at the hearing of that application; or
(c)
6 months have elapsed since the forfeiture order was made.
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.
History
S 74(3) substituted by No 4 of 2010, s 3 and Sch 1 item 26, effective 20 February 2010. For application provision, see note under s
73(1)
. S 74(3) formerly read:
74(3)
The court may give the person leave to apply if the court is satisfied that:
(a)
if paragraph (2)(a) applies
-
the person had a good reason for not appearing; or
(b)
if paragraph (2)(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)
if paragraph (2)(c) applies
-
the person
'
s failure to apply was not due to any neglect by the person; or
(d)
there are other special grounds for giving the leave.
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.
History
S 74(4) inserted by No 4 of 2010, s 3 and Sch 1 item 26, effective 20 February 2010. For application provision, see note under s
73(1)
.