Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 62

             (1)  The court hearing an application for a ^* forfeiture order may amend the application:

                     (a)  on application by the ^* DPP; or

                     (b)  with the consent of the DPP.

             (2)  However, the court must not amend the application to include additional property in the application unless:

                     (a)  the court is satisfied that:

                              (i)  the property was not reasonably capable of identification when the application was originally made; or

                             (ii)  necessary evidence became available only after the application was originally made; or

                     (b)  the ^* forfeiture order applied for is an order under section 47 or 49 and the court is satisfied that:

                              (i)  including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or

                             (ii)  it is for any other reason appropriate to grant the application to amend.

             (3)  On applying for an amendment to include additional property in the application, the ^* DPP must give written notice of the application to amend to any person whom the DPP reasonably believes may have an ^* interest in that additional property.

             (4)  If the ^* forfeiture order applied for is an order under section 48, any person who claims an ^* interest in that additional property may appear and adduce evidence at the hearing of the application to amend.