Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 62

Amending an application

(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the property was not reasonably capable of identification when the application was originally made; or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necessary evidence became available only after the application was originally made; or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.



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