Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 104

Applying for orders under sections 102 and 103

(1) An application for an order under section 102 or 103 must, unless the court gives leave under subsection (2), be made before the end of the period of 6 months commencing on the day on which the property to which the application relates is forfeited to the Commonwealth. (2) The court may give a person leave to apply after the end of that period if the court is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (3) A person who was given notice of:

(a)
proceedings for the application for the * restraining order by virtue of which the property is forfeited; or

(b)
the making of the restraining order;

must not apply for an order under section 102 or 103 relating to the property unless the court gives leave under subsection (4).

(4) The court may give a person leave to apply if the court is satisfied that the person's failure to seek to have the property excluded from the forfeiture by an order under section 94 was not due to any neglect on the part of the applicant.



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