(1) The ^* DPP cannot, unless the court gives leave, apply for a ^* forfeiture order under a section of Division 1 in relation to an offence if:

(a)

an application has previously been made:

(i)

under this Division for an order under the same section of Division 1; or

(ii)

under another law of the Commonwealth (other than Division 1); or

(iii)

under a law of a ^* non-governing Territory;

for the forfeiture or condemnation of the property in relation to the offence; and

(b)

the application has been finally determined on the merits.

(2) The court must not give leave unless it is satisfied that:

(a)

the property to which the new application relates was identified only after the first application was determined; or

(b)

necessary evidence became available only after the first application was determined; or

(c)

it is in the interests of justice to grant the leave.

(3) To avoid doubt:

(a)

the ^* DPP may apply for a ^* forfeiture order under a section of Division 1 against property in relation to an offence even though an application has previously been made under a different section of Division 1 for forfeiture of that property in relation to that offence; and

(b)

the DPP may apply for a forfeiture order against property in relation to an offence even though an application has previously been made for a ^* pecuniary penalty order or a ^* literary proceeds order in relation to that offence.