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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 181 Amendment of application

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 181

Amendment of application

181 Amendment of application

(1) The court hearing the application for the pecuniary penalty order may amend the application at the request, or with the agreement, of the State.
(2) If the State applies for an amendment of the application and the amendment would have the effect of including an additional benefit in the application, the State must give the person named in the application written notice of the application for the amendment.
(3) The court may amend the application to include an additional benefit in the application only if the court is satisfied—
(a) the benefit was not reasonably capable of identification when the application was originally made; or
(b) necessary evidence became available only after the application was originally made.