New South Wales Consolidated Acts

FORFEITURE ACT 1995 - SECT 7

7 Time for applications for forfeiture modification orders

(1) Unless the Supreme Court gives leave for a late application to be made under subsection (2), an application for a forfeiture modification order must be made:

(a) if the forfeiture rule operates immediately on the death of a deceased person to prevent the offender from obtaining the benefit concerned-within 12 months from the date of the death of the deceased person, or

(b) if the forfeiture rule subsequently prevents the offender from obtaining the benefit-within 12 months from the date on which the forfeiture rule operates to preclude the offender from obtaining the benefit.

(2) The Court may give leave for a late application if:

(a) the offender concerned is pardoned by the Governor after the expiration of the relevant period, or

(b) the offender’s conviction is quashed or set aside by a court after the expiration of the relevant period and there are no further avenues of appeal available in respect of the decision to quash or set aside the conviction, or

(c) the fact that the offender committed the unlawful killing is discovered after the expiration of the relevant period, or

(d) the Court considers it just in all the circumstances to give leave.