Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 164

Amendment of application

(1) The court hearing the application 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 so as to include additional * literary proceeds in the application unless the court is satisfied that:

(a)
the literary proceeds were not reasonably capable of identification when the application was originally made; or

(b)
necessary evidence became available only after the application was originally made.

(3) If:

(a)
the * DPP applies to amend the application for a * literary proceeds order against a person; and

(b)
the effect of the amendment would be to include additional * literary proceeds in the application;

the DPP must give the person written notice of the application to amend.



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