Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 2 - Other relevant matters when a court is considering whether to make forfeiture orders  

SECTION 57A   Applying for an order under section 57  

Before a forfeiture order has been made

57A(1)    
A person may apply to a court for an order under section 57 in relation to an *interest in property if an application for a *forfeiture order that could specify property in which the person claims that interest has been made to the court, but the forfeiture order is yet to be made.

After a forfeiture order has been made

57A(2)    
A person who claims to have had an *interest in property specified in a *forfeiture order immediately before the forfeiture order was made may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an order under section 57 in relation to the interest.

57A(3)    
However, unless the court gives leave, the person cannot apply under subsection (2) if the person:

(a)    was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or

(b)    appeared at the hearing of the application for the forfeiture order.

57A(4)    
The court may give the person leave to apply under subsection (2) if the court is satisfied that:

(a)    if the person was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made - the person had a good reason for not making an application under subsection (1) before the forfeiture order was made; or

(b)    in any case:

(i) the person now has evidence relevant to the making of the section 57 order that was not available to the person at the time the forfeiture order was made; or

(ii) there are other special grounds for granting the leave.

57A(5)    
However, the court must not hear an application under subsection (2) if:

(a)    the *Official Trustee has taken any action in relation to the property under section 70 ; and

(b)    it would not be practicable for the court to make an order in relation to the interest under section 57 .

Other matters

57A(6)    
An applicant under subsection (1) or (2) must give written notice to the *responsible authority of both the application and the grounds on which the order is sought.

57A(7)    
The *responsible authority may appear and adduce evidence at the hearing of an application under subsection (1) or (2).

57A(8)    
To avoid doubt, the *responsible authority may represent the Commonwealth in proceedings relating to an application under subsection (1) or (2).

57A(9)    
The *responsible authority must give an applicant under subsection (1) or (2) 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.

57A(10)    
An application under subsection (1) or (2) must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application.