Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where an application is made for a forfeiture order against particular
property, a person who claims an interest in the property may apply, before
the forfeiture order is made, to the court for an order under
subsection (6).
(2)
Subject to subsections (3) and (7), where a court makes a
forfeiture order against property, a person who claims an interest in the
property may apply to the court for an order under subsection (6).
(3)
A person who:
(a) was given notice of the application for the forfeiture order; or
(b) appeared at the hearing of the application;
shall not make an
application to a court under subsection (2) except with the leave of the
court.
(4)
The court may grant the person leave to apply if the court is satisfied
that there are special grounds for granting the leave.
(5)
Without limiting the generality of subsection (4), the court may
grant a person leave to apply if the court is satisfied that:
(a) the person, for a good reason, did not attend the hearing of the
application for the forfeiture order although the person had notice of the
application; or
(b) particular evidence proposed to be adduced by the person in
connection with the application under subsection (2) was not available to
the person at the time of the hearing of the application for the forfeiture
order.
(6)
If a person applies to a court for an order under this subsection in
respect of the applicant’s interest in property and the court is
satisfied that:
(a) the applicant was not, in any way, involved in the commission of an
offence in respect of which forfeiture of the property is sought, or the
forfeiture order against the property was made, as the case requires; and
(b) if the applicant acquired the interest at the time of or after the
commission of such an offence—the applicant acquired the interest:
(i) for sufficient consideration; and
(ii) without knowing, and in circumstances such as not to arouse a
reasonable suspicion, that the property was, at the time of the acquisition,
tainted property;
the court shall make an order:
(c) declaring the nature, extent and value (as at the time when the
order is made) of the applicant’s interest; and
(d) either:
(i) if the interest is still vested in the Commonwealth—directing
the Commonwealth to transfer the interest to the applicant; or
(ii) declaring that there is payable by the Commonwealth to the
applicant an amount equal to the value declared under paragraph (c).
(7)
Subject to subsection (8), an application under
subsection (2) shall be made before the end of the period of 6 months
commencing on the day on which the forfeiture order is made.
(8)
Where a forfeiture order is made against property, the court that made
the forfeiture order may grant a person claiming an interest in the property
leave to apply under subsection (2) outside the period referred to in
subsection (7) if the court is satisfied that the person’s failure
to apply within that period was not due to any neglect on the part of the
person.
(9)
A person who makes an application under subsection (1) or (2) in
respect of property shall give notice to the DPP and the Minister, as
prescribed, of the making of the application.
(10) The
DPP shall be a party to any proceedings upon an application under
subsection (1) or (2) and the Minister may intervene in any such
proceedings.