74Applying for exclusion orders

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.