Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 3 - Recovery of forfeited property  

SECTION 104A   Applying for an order under section 103  

104A(1)    
A person who claims an *interest in property covered by a *restraining order referred to in paragraph 92(1)(b) may apply to the court that made the restraining order for an order under section 103 at any time.

104A(2)    
However, if the property has already been forfeited under section 92 , the person cannot, unless the court gives leave, apply under subsection (1) of this section if the person:

(a)    either:

(i) was given a notice under subsection 92A(1) in relation to the property; or

(ii) was not given such a notice because of subsection 92A(2) ; and

(b)    did not make the application under subsection (1) of this section before that forfeiture.

104A(3)    
The court may give the person leave to apply if the court is satisfied that:

(a)    the person had a good reason for not making the application before that forfeiture; or

(b)    the person now has evidence relevant to the application that was not available before that forfeiture; or

(c)    there are special grounds for granting the leave.

104A(4)    
However, the court must not hear an application under subsection (1) if:

(a)    the *Official Trustee has taken any action in relation to the property under section 100 ; and

(b)    it would not be practicable for the court to make an order in relation to the interest under section 103 .

104A(5)    
The person must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.

104A(6)    
The *responsible authority may appear and adduce evidence at the hearing of the application.

104A(7)    
To avoid doubt, the *responsible authority may represent the Commonwealth in proceedings relating to an application under subsection (1).

104A(8)    
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.

104A(9)    
The application must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application.