Where the 15-month period from the conviction day under s 93(1) of the Proceeds of Crime Act 2002 (Cth) has expired, an application for leave to appeal from a refusal to make an extension or exclusion order is futile and will be refused. The filing of an application for an extension order within the six-month period does not assist if the order itself is not made within the statutory timeframe. Applicants must seek expedition of any appeal to avoid the situation becoming irretrievable. The question whether an extension order can be made where the application (but not the order) was filed within the six-month period was left open.
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