Before a forfeiture order has been made

(1) A person may apply for an ^* exclusion order if a ^* forfeiture order that could specify the ^* person's property has been applied for, but is yet to be made.

After a forfeiture order has been made

(2) A person cannot, unless the court gives leave, apply for an ^* exclusion order after a ^* forfeiture order specifying the ^* person's property has been made if:

(a)

he or she was given notice of the application for the forfeiture order, but did not appear at the hearing of that application; or

(b)

he or she appeared at the hearing of that application; or

(c)

6 months have elapsed since the forfeiture order was made.

(3) The court may give the person leave to apply if the court is satisfied that:

(a)

if paragraph (2)(a) applies—the person had a good reason for not appearing; or

(b)

if paragraph (2)(b) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or

(c)

if paragraph (2)(c) applies—the person's failure to apply was not due to any neglect by the person; or

(d)

there are other special grounds for giving the leave.