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 * responsible authority; or

  (b)   with the consent of the authority.

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  (i)   the property was not reasonably capable of identification when the application was originally made; or

  (ii)   necessary evidence became available only after the application was originally made; or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 * responsible authority must give written notice of the application to amend to any person whom the authority 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.