95Application for forfeiture order

95 Application for forfeiture order (1) A police officer or the DPP may apply to the Local Court for an order under this Subdivision in respect of property that was restrained under section 43(1). (2) The DPP may apply to the Supreme Court for an order under this Subdivision. (3) If an application under this section is for an order under section 96 or 97: (a) the application is not to be made until after the objection period has expired for any persons served with a copy of the relevant restraining order under section 47(1) or (3); and

Subdivision C Criminal benefits, unexplained wealth and substituted property Criminal Property Forfeiture Act 2002 59 (b) the court to which the application is made must not hear the application until any objection under Part 5 by a person mentioned in paragraph (a) has been heard and determined. (4) If an objection under Part 5 is lodged by a person who was not served with a copy of the relevant restraining order under section 47(1) or (3), the court that is hearing an application under this section may stay or adjourn the hearing until the objection is determined. (5) An application for an order under section 97 cannot be made if the property has been taken into account for a criminal benefits declaration under section 75. (6) In this section, an objection is taken to have been heard and determined if it is withdrawn, discontinued or otherwise lapses through want of prosecution.