Document ID: chunk:federal_register_of_legislation:C2025C00034:section:62
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 62
Character Range: 165656–167049

62  Amending an application
 (1) The court hearing an application for a *forfeiture order may amend the application:
 (a) on application by the *responsible authority; or
 (b) with the consent of the authority.
 (2) However, the court must not amend the application to include additional property in the application unless:
 (a) the court is satisfied that:
 (i) the property was not reasonably capable of identification when the application was originally made; or
 (ii) necessary evidence became available only after the application was originally made; or
 (b) the *forfeiture order applied for is an order under section 47 or 49 and the court is satisfied that:
 (i) including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or
 (ii) it is for any other reason appropriate to grant the application to amend.
 (3) On applying for an amendment to include additional property in the application, the *responsible authority must give written notice of the application to amend to any person whom the authority reasonably believes may have an *interest in that additional property.
 (4) If the *forfeiture order applied for is an order under section 48, any person who claims an *interest in that additional property may appear and adduce evidence at the hearing of the application to amend.