Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 1   Exclusion, recovery and compensation

Proceeds of Crime Act 2002

26   Subsections 74(2) and (3)

Repeal the subsections, substitute:

After a forfeiture order has been made

(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.

(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.

(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.