81Application for crime-used property substitution declaration

81 Application for crime-used property substitution declaration (1) The DPP may apply to the Supreme Court for a crime-used property substitution declaration against a person. (2) On hearing an application under subsection (1), the court must declare that property of equivalent value owned or effectively controlled by the respondent is to be substituted for crime-used property if: (a) it is more likely than not that the respondent has made criminal use of property so that the property is crime-used; and (b) the crime-used property is not amenable to a restraining order or forfeiture under this Act for a reason or reasons mentioned in section 82. (3) An application under subsection (1) may be made in conjunction (4) If the court makes a declaration under this section, the court must: (a) assess the value of the crime-used property in accordance with section 85; and (b) specify the assessed value of the crime-used property in the declaration; and

Criminal Property Forfeiture Act 2002 54 specified in the declaration as the value of the crime-used (5) Crime-used property substitution declarations can be made against 2 or more respondents in respect of the same crime-used property, whether or not the applications for the respective declarations are heard in the same proceedings. (6) If a court makes a declaration under this section, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.