Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 78

Before a forfeiture order has been made

  (1)   A person may apply to a court for a * compensation order if an application for a * forfeiture order that could specify property in which the person claims an * interest has been made to the court, but the forfeiture order is yet to be made.

After a forfeiture order has been made

  (2)   A person who claims an * interest in property specified in a * forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for a * compensation order.

  (3)   However, unless the court gives leave, the person cannot apply under subsection   (2) if he or she:

  (a)   was notified of the application for the * forfeiture order, but did not make an application under subsection   (1) before the forfeiture order was made; or

  (b)   appeared at the hearing of the application for the forfeiture order.

  (4)   The court may give the person leave to apply under subsection   (2) if the court is satisfied that:

  (a)   if paragraph   (3)(a) applies--the person had a good reason for not making an application under subsection   (1) before the * forfeiture order was made; or

  (b)   in either case:

  (i)   the person now has evidence relevant to the making of the * compensation order that was not available to the person at the time the forfeiture order was made; or

  (ii)   there are other special grounds for granting the leave.