Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 21

21. (1) Where an application is made for a forfeiture order against particular
property, a person who claims an interest in the property may apply, before
the forfeiture order is made, to the court for an order under subsection (6).

(2) Subject to subsections (3) and (7), where a court makes a forfeiture order
against property, a person who claims an interest in the property may apply to
the court for an order under subsection (6).

(3) A person who:

   (a)  was given notice of the application for the forfeiture order; or

   (b)  appeared at the hearing of the application; shall not make an
        application to a court under subsection (2) except with the leave of
        the court.

(4) The court may grant the person leave to apply if the court is satisfied
that there are special grounds for granting the leave.

(5) Without limiting the generality of subsection (4), the court may grant a
person leave to apply if the court is satisfied that:

   (a)  the person, for a good reason, did not attend the hearing of the
        application for the forfeiture order although the person had notice of
        the application; or

   (b)  particular evidence proposed to be adduced by the person in connection
        with the application under subsection (2) was not available to the
        person at the time of the hearing of the application for the
        forfeiture order.

(6) If a person applies to a court for an order under this subsection in
respect of the applicant's interest in property and the court is satisfied
that:

   (a)  the applicant was not, in any way, involved in the commission of the
        offence, or an offence, in respect of which forfeiture of the property
        is sought; and

   (b)  if the applicant acquired the interest at the time of or after the
        commission of the offence-the applicant acquired the interest:

        (i)    for sufficient consideration; and

        (ii)   without knowing, and in circumstances such as not to arouse a
               reasonable suspicion, that the property was, at the time of the
               acquisition, tainted property; the court shall make an order:

   (c)  declaring the nature, extent and value (as at the time when the order
        is made) of the applicant's interest; and

   (d)  either:

        (i)    directing the Commonwealth to transfer the interest to the
               applicant; or

        (ii)   declaring that there is payable by the Commonwealth to the
               applicant an amount equal to the value declared under paragraph
               (c).

(7) Subject to subsection (8), an application under subsection (2) shall be
made before the end of the period of 6 months commencing on the day on which
the forfeiture order is made.

(8) Where a forfeiture order is made against property, the court that made the
forfeiture order may grant a person claiming an interest in the property leave
to apply under subsection (2) outside the period referred to in subsection (7)
if the court is satisfied that the person's failure to apply within that
period was not due to any neglect on the part of the person.

(9) A person who makes an application under subsection (1) or (2) in respect
of property shall give notice to the DPP and the Minister, as prescribed, of
the making of the application.

(10) The DPP shall be a party to any proceedings upon an application under
subsection (1) or (2) and the Minister may intervene in any such proceedings.