Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 31

             (1)  A person may apply for an order under section 29 or 29A if a * restraining order that covers property in which the person claims an * interest has been made.

          (1A)  An application under subsection (1):

                     (a)  must be made to the court that made the * restraining order; and

                     (b)  may be made at any time after the restraining order is made.

             (2)  However, unless the court gives leave, the person cannot apply if he or she:

                     (a)  was notified of the application for the * restraining order, but did not appear at the hearing of that application; or

                     (b)  appeared at the hearing of that application.

             (3)  The court may give the person leave to apply if the court is satisfied that:

                     (a)  if paragraph (2)(a) applies--the person had a good reason for not appearing; or

                     (b)  if paragraph (2)(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.

             (4)  The person must give written notice to the * responsible authority of both the application and the grounds on which the exclusion is sought.

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

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