60Additional application for a forfeiture order

60 Additional application for a forfeiture order

(1) A *proceeds of crime authority cannot, unless the court gives leave, apply for a *forfeiture order under a section of Division 1 in relation to an offence if: (a) an application has previously been made: (i) under this Division for an order under the same section of Division 1; or (ii) under another law of the Commonwealth (other than Division 1); or (iii) under a law of a *non‑governing Territory; for the forfeiture or condemnation of the property in relation to the offence; and (b) the application has been finally determined on the merits. (2) The court must not give leave unless it is satisfied that: (a) the property to which the new application relates was identified only after the first application was determined; or (b) necessary evidence became available only after the first application was determined; or (c) it is in the interests of justice to grant the leave. (3) To avoid doubt: (a) a *proceeds of crime authority may apply for a *forfeiture order under a section of Division 1 against property in relation to an offence even though an application has previously been made under a different section of Division 1 for forfeiture of that property in relation to that offence; and (b) a proceeds of crime authority may apply for a forfeiture order against property in relation to an offence even though an application has previously been made for a *pecuniary penalty order or a *literary proceeds order in relation to that offence.