Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:1_26
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 18335–19343

26  Subsections 74(2) and (3)
Repeal the subsections, substitute:

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.