QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.166When Supreme Court may give leave for s 165
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### sec.166 When Supreme Court may give leave for s 165
The Supreme Court may give leave to apply for a third party order or a buy-back order after the end of the 6 months mentioned in section 165 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.
Also, the Supreme Court may give leave for a person mentioned in section 165 (2) (b) to apply for a third party order or a buy-back order only if it considers the failure of the applicant to apply, or apply successfully, to have the property excluded from the relevant restraining order was not because of the applicant’s neglect.
In this section—
relevant restraining order , for property automatically forfeited, means the restraining order made in relation to the forfeited property.
(sec.166-ssec.1) The Supreme Court may give leave to apply for a third party order or a buy-back order after the end of the 6 months mentioned in section 165 (2) (a) if it is satisfied the delay in applying was not because of the applicant’s neglect.
(sec.166-ssec.2) Also, the Supreme Court may give leave for a person mentioned in section 165 (2) (b) to apply for a third party order or a buy-back order only if it considers the failure of the applicant to apply, or apply successfully, to have the property excluded from the relevant restraining order was not because of the applicant’s neglect.
(sec.166-ssec.3) In this section— relevant restraining order , for property automatically forfeited, means the restraining order made in relation to the forfeited property.