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Proceeds of Crime Act 2002
74Applying for exclusion orders
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#### 74 Applying for exclusion orders
Before a forfeiture order has been made
(1) A person may apply for an \*exclusion order if a \*forfeiture order that could specify property in which the person claims an \*interest has been applied for, but is yet to be made.
After a forfeiture order has been made
(2) A person who claims an \*interest in property specified in a \*forfeiture order may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an \*exclusion order.
(3) However, unless the court gives leave, the person cannot apply for an \*exclusion order if he or she:
(a) was notified of the application for the \*forfeiture order, but did not appear at the hearing of that application; or
(b) appeared at the hearing of that application.
(4) The court may give the person leave to apply if the court is satisfied that:
(a) if paragraph (3)(a) applies—the person had a good reason for not appearing; or
(b) if paragraph (3)(b) applies—the person now has evidence relevant to the person’s application that was not available to the person at the time of the hearing; or
(c) in either case—there are other special grounds for granting the leave.