Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Subject to subsection (2), where the DPP applies for a
confiscation order, the court hearing the application may amend the
application:
(a) on application by the DPP; or
(b) with the consent of the DPP.
(2)
The court shall not amend the application so as to:
(a) include additional property in an application for a forfeiture
order; or
(b) include an additional benefit in an application for a pecuniary
penalty order;
unless the court is satisfied that:
(c) the property or benefit was not reasonably capable of
identification when the application was originally made; or
(d) necessary evidence became available only after the application was
originally made.
(3)
Where:
(a) the DPP applies to amend an application for a forfeiture order; and
(b) the amendment would have the effect of including additional
property in the application for the forfeiture order;
then:
(c) the DPP shall give written notice of the application to amend to
any person who the DPP has reason to believe may have an interest in property
to be included in the application for the forteiture order; and
(d) any person who claims an interest in the property to be included in
the application for the forfeiture order may appear and adduce evidence at the
hearing of the application to amend.
(4)
Where:
(a) the DPP applies to amend an application for a pecuniary penalty
order against a person; and
(b) the effect of the amendment would be to include an additional
benefit in the application for the pecuniary penalty order;
the DPP shall
give the person written notice of the application to amend.