Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-3
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FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE
Division 3
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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:
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.
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 .
View history note
Hide history note104(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
(b) either:
(ii) was not given such a notice because of subsection 92A(2) ; and
(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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