Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:1_104
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 1 cl 104
Character Range: 30838–32690

104  Applying for orders under section 102 or 103

 (1) A person who claims an *interest in property that has been forfeited to the Commonwealth under section 92 may, at any time after the forfeiture, apply to the court that made the *restraining order referred to in paragraph 92(1)(b) for an order under section 102 or 103.

 (2) However, unless the court gives leave, the person cannot make an application for an order under section 102 if he or she:
 (a) either:
 (i) was given a notice under subsection 92A(1) in relation to the property; or
 (ii) was not given such a notice because of subsection 92A(2); and
 (b) either:
 (i) did not make an application under section 29 or 94 in relation to the property; or
 (ii) made such an application and appeared at the hearing of the application.

 (3) The court may give the person leave to apply if the court is satisfied that:
 (a) if subparagraph (2)(b)(i) applies—the person had a good reason for not making an application under section 29 or 94; or
 (b) if subparagraph (2)(b)(ii) applies—the person now has evidence relevant to the person's application under this section that was not available at the time of the hearing; or
 (c) in either case—there are other special grounds for granting the leave.

 (4) The applicant must give written notice to the *DPP of both the application and the grounds on which the order is sought.

 (5) The *DPP may appear and adduce evidence at the hearing of the application.

 (6) The *DPP must give the applicant notice of any grounds on which it proposes to contest the application. However, the DPP need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.

 (7) The application must not be heard until the *DPP has had a reasonable opportunity to conduct *examinations in relation to the application.