Document ID: chunk:federal_register_of_legislation:C2025C00034:section:74
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 74
Character Range: 180067–181264

74  Applying for exclusion orders

Before a forfeiture order has been made
 (1) A person may apply for an *exclusion order if a *forfeiture order that could specify property in which the person claims an *interest has been applied for, but is yet to be made.

After a forfeiture order has been made
 (2) A person who claims an *interest in property specified in a *forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an *exclusion order.
 (3) However, unless the court gives leave, the person cannot apply for an *exclusion order if he or she:
 (a) was notified of the application for the *forfeiture order, but did not appear at the hearing of that application; or
 (b) appeared at the hearing of that application.
 (4) The court may give the person leave to apply if the court is satisfied that:
 (a) if paragraph (3)(a) applies—the person had a good reason for not appearing; or
 (b) if paragraph (3)(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) in either case—there are other special grounds for granting the leave.