Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 148

148 Amendment of application

(1) A court hearing an application for a forfeiture order may amend the application at the request, or with the agreement, of the State.

(2) If the State applies for an amendment of an application for a forfeiture order and the proposed amendment would have the effect of including additional property in the application for the forfeiture order, the State must give written notice of the application for the amendment to—

(a) the person whose conviction is the basis for the application for the forfeiture order; and

(b) anyone else the appropriate officer making the application for the State considers may have an interest in property proposed to be included in the application for the forfeiture order.

(3) A person given notice under subsection (2) and anyone else who claims to have an interest in the additional property may appear at the hearing of the application to amend.

(4) The court may amend an application under this section to include additional property in the application only if the court is satisfied—

(a) the property was not reasonably capable of identification when the application was originally made; or

(b) necessary evidence became available only after the application was originally made.