62Amending an application

62 Amending an application

(1) The court hearing an application for a *forfeiture order may amend the application: (a) on application by the *responsible authority; or (b) with the consent of the authority. (2) However, the court must not amend the application to include additional property in the application unless: (a) the court is satisfied that: (i) the property was not reasonably capable of identification when the application was originally made; or (ii) necessary evidence became available only after the application was originally made; or (b) the *forfeiture order applied for is an order under section 47 or 49 and the court is satisfied that: (i) including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or (ii) it is for any other reason appropriate to grant the application to amend. (3) On applying for an amendment to include additional property in the application, the *responsible authority must give written notice of the application to amend to any person whom the authority reasonably believes may have an *interest in that additional property. (4) If the *forfeiture order applied for is an order under section 48, any person who claims an *interest in that additional property may appear and adduce evidence at the hearing of the application to amend.