Document ID: chunk:federal_register_of_legislation:C2025C00034:section:60
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 60
Character Range: 163415–164938

60  Additional application for a forfeiture order
 (1) A *proceeds of crime authority 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) a *proceeds of crime authority 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) a proceeds of crime authority 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.