New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 15

15 Amendment of applications

(1) A court may, at any time before the final determination of an application for a confiscation order made to it and whether or not the period for making such an application has expired, amend the application as it thinks fit, either at the request of the appropriate officer who made the application or with the approval of the appropriate officer.

(2) The court shall not amend the application so as to-

(a) include additional property in an application for a forfeiture order, or

(b) include an additional benefit in an application for a pecuniary penalty order or drug proceeds order,

unless the court is satisfied that-

(c) the property or benefit was not reasonably capable of identification when the application was originally made, or

(d) necessary evidence became available only after the application was originally made.

(3) If the amendment of an application for a forfeiture order would have the effect of including additional property in the application for the forfeiture order, the applicant for the amendment shall give written notice of the application to amend to any person who the applicant has reason to believe may have an interest in the property to be included in the application for the forfeiture order.

(4) Any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the application to amend.

(5) If the amendment of an application for a pecuniary penalty order or drug proceeds order against a person would have the effect of including an additional benefit in the application for the pecuniary penalty order or drug proceeds order, the applicant shall give the person written notice of the application to amend.