17DExclusion orders

#### 17D Exclusion orders 17D Exclusion orders > > (1) A person may, during the relevant period, apply to the relevant court for an order excluding some or all of the relevant property from forfeiture under this Division (an exclusion order). > > > (2) The person must give written notice to the relevant authority of— > > > > > (a) the making of the application, and > > > > > (b) the grounds on which the application is made. > > > (3) The relevant authority may appear and adduce evidence at the hearing of the application. > > > (4) On hearing the application for the exclusion order, the court may— > > > > > (a) direct that the relevant property be returned to the applicant if the court is satisfied, on the balance of probabilities, that— > > > > > > > (i) the applicant has an interest in the property, and > > > > > > > (ii) the interest in the property is not— > > > > > > > > > (A) tainted property, or > > > > > > > > > (B) if the relevant property relates to a restraining order made under section 43A—unlawfully acquired property, or > > > > > (b) otherwise—dismiss the application. > > > (5) The court must not make an order under this section if the relevant property has been forfeited under this Division. > > **s 17D:** Ins 2022 No 55, Sch 1\[7\].