New South Wales Consolidated Acts

FORFEITURE ACT 1995 - SECT 8

8 Revocation and variation of forfeiture modification orders

(1) If the Supreme Court has made a forfeiture modification order, an interested person may make an application to the Court for the revocation or variation of the order if:

(a) the offender concerned is pardoned by the Governor after the making of the order, or

(b) the offender's conviction is quashed or set aside by a court after the making of the order and there are no further avenues of appeal available in respect of the decision to quash or set aside the conviction, or

(c) in all other cases--if the Court considers it just in all the circumstances to give leave for such an application to be made.

(2) On any such application, the Court may revoke or vary the forfeiture modification order concerned.

(3) The provisions of sections 5 (2) and (3) and 6 (1) and (2) apply to the determination of any such application in the same way as they apply to the making of a forfeiture modification order. In determining whether to revoke or vary the forfeiture modification order, the Court is also to have regard to the effect on the offender and other persons of any such revocation or variation.

(4) If a forfeiture modification order is revoked or varied, the forfeiture rule is to have effect for all purposes (including purposes relating to anything done before the order was revoked or varied):

(a) in the case of a revocation--subject to the terms on which the Court revokes the order, and

(b) in the case of a variation--subject to modifications made by the varied order.