Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 3 - How forfeiture orders are obtained  

SECTION 60   Additional application for a forfeiture order  

60(1)    

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

(iii) under a law of a * non-governing Territory;

for the forfeiture or condemnation of the property in relation to the offence; and

(b) the application has been finally determined on the merits.

60(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.