Criminal Assets Confiscation Act 2005

A court that is hearing, or is to hear, an application for a forfeiture order, must make an order excluding property from forfeiture (an

a person applies for the exclusion order in accordance with section 60;

the application for a forfeiture order specifies the applicant's property; and

if the forfeiture order would be one to which section 47(1)(a) or (3)(a) applies, the court is satisfied that—

the applicant was not involved in the commission of a serious offence to which the application for a forfeiture order relates; and

the property to be specified in the exclusion order is neither proceeds nor an instrument of the offence; and

if the forfeiture order would be one to which section 47(1)(b) or (c) or

(b) or (c) applies, the court is satisfied that the property to be specified in the exclusion order is neither proceeds nor an instrument of unlawful activity.

An exclusion order under subsection (1) must—

specify the nature, extent and value (at the time of making the order) of the property concerned; and

direct that the property be excluded from the operation of the forfeiture order.

An applicant for an exclusion order under subsection (1) must give written notice to the DPP of the application and the grounds on which the order is sought.

The

may appear and adduce evidence at the hearing of the application; and

must give the applicant notice of any grounds on which it proposes to contest the application.

However, the DPP need not give notice under subsection (4)(b) until it has had a reasonable opportunity to examine the applicant under Part 6

An application for an exclusion order under subsection (1) must not be heard until the DPP has had a reasonable opportunity to examine the applicant under Part