Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 60

             (1)  The ^* DPP 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.

             (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.

             (3)  To avoid doubt:

                     (a)  the ^* DPP 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)  the DPP 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.