CONFISCATION ACT 1997

Victorian Consolidated Legislation

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CONFISCATION ACT 1997

No. 108 of 1997
Version incorporating amendments as at 5 December 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Meaning of conviction
5. Meaning of absconds
6. Meaning of quashing of conviction
7. Meaning of charged with an offence
8. Related offences
9. Effective control of property
10. Property in which the defendant has an interest
11. Meaning of dealing with property
12. Jurisdiction
13. Act to bind Crown

PART 2-RESTRAINING ORDERS

14. Restraining orders
15. Purposes for which a restraining order may be made
16. Application for restraining order
17. Procedure on application
18. Determination of application
19. Notice of restraining order to be given to persons affected
19A. Notice requiring declaration of property interests
19B. What must be included in a declaration of property interests?
19C. Offences
19D. Court directions to provide information
19E. Admissibility of statement
20. Application for exclusion from restraining order
21. Determination of exclusion application-restraining order-Schedule 1 offence
22. Determination of exclusion application-restraining order-automatic forfeiture
23. Declaration that restraining order shall be disregarded for purposes of automatic forfeiture
24. Determination of exclusion application-restraining order-civil forfeiture
25. Repealed
26. Further orders
27. Duration and setting aside of restraining order
28. Registration of restraining order
29. Contravention of restraining order
30. Priority given to payment of restitution or compensation
31. State to pay restitution and compensation out of forfeited property etc.

PART 2A-FREEZING ORDERS

31A. Definition
31B. Chief Commissioner of Police may authorise police to apply
for freezing orders
31C. Freezing order
31D. Application for freezing order
31E. Application may be made by telephone etc.
31F. Making of freezing order
31G. Notice of freezing order
31H. When does a freezing order take effect?
31I. Extension of freezing orders
31J. Report to Magistrates' Court on freezing order
31K. Failure to comply with freezing order
31L. Offence to disclose existence of freezing order
31M. Freezing order to be disregarded for certain purposes

PART 3-FORFEITURE OF PROPERTY

Division 1-Forfeiture on court order

32. Application for forfeiture order
33. Determination of application for forfeiture order
34. Consent orders

Division 1A-Tainted property substitution declaration

34A. Interpretation
34B. Application for tainted property substitution declaration
34C. Court may make tainted property substitution declaration

Division 2-Automatic forfeiture after conviction

35. Automatic forfeiture of restrained property on conviction of certain offences
35A. Schedule 2 offences-application for court declaration
35B. Applicant to notify defendant
35C. Court may make declaration
36. Declaration that property has been forfeited

PART 4-CIVIL FORFEITURE

37. Application for civil forfeiture order
38. Determination of application for civil forfeiture order
39. Consent orders
40. Forfeiture of property that may be used as evidence in trial

PART 5-EFFECT OF FORFEITURE

41. Effect of forfeiture
42. Power to discharge mortgage or charge
43. Court may give directions
44. Disposal of forfeited property
45. Relief from hardship
46. Discharge of forfeiture order
47. Discharge of automatic forfeiture in respect of an interest
48. Discharge of civil forfeiture order

PART 6-EXCLUSION ORDERS

49. Application for exclusion from forfeiture order
50. Determination of exclusion application-forfeiture order
51. Application for exclusion from automatic forfeiture
52. Determination of exclusion application-automatic forfeiture
53. Application for exclusion from civil forfeiture order
54. Determination of exclusion application-civil forfeiture order

PART 7-RETURN OF PROPERTY

55. Application to Minister for return of property or payment of value
56. Person with interest in forfeited property may buy back
interest
57. Buying out other interests in forfeited property

PART 8-PECUNIARY PENALTY ORDERS

Division 1-Pecuniary penalty orders following conviction

58. Application for pecuniary penalty order
59. Determination of application for pecuniary penalty order
60. Consent orders
61. Pecuniary penalty order does not prevent forfeiture
62. Discharge of pecuniary penalty order

Division 2-Pecuniary penalty order based on finding of guilt
on civil standard

63. Application for pecuniary penalty order
64. Determination of application for pecuniary penalty order
65. Consent orders
66. Discharge of pecuniary penalty order

Division 3-General

67. Assessment of benefits
68. Assessment of benefits in relation to Schedule 2 offences
69. Variation of pecuniary penalty order
70. Declaration that property available to satisfy order
71. Court may give directions
72. Charge on property subject to restraining order or declaration
73. Disposal of property obtained to satisfy pecuniary penalty
order
74. Pecuniary penalty order debt due to Crown

PART 9-POWERS OF TRUSTEE

75. Liability under forfeiture or pecuniary penalty order to be satisfied by trustee
76. Provisions concerning the trustee

PART 10-DISPOSAL ORDERS

77. Application for disposal order
78. Disposal orders

PART 10A-PROPERTY MANAGEMENT

78A. Memorandum of understanding
78B. Certificate of responsibility and power

PART 11-SEARCH WARRANTS

79. Search warrants
79A. Seizure warrants-public places
80. Application for warrant
81. Warrant may be granted by telephone
82. Record of proceedings for warrant
83. Notice to occupier of premises entered under search warrant
84. Duty to show search warrant
84A. Duty to show seizure warrant
85. Use of force
86. Use of assistants to execute warrant
87. Application of Magistrates' Court Act 1989.
88. Expiry of warrant
88A. Notice of execution of seizure warrant
89. Report on execution of warrant etc.
90. Absence etc. of magistrate or judge who issued warrant
91. Defects in warrants
92. Seizure of property under search warrant
93. Embargo notice
94. Search of persons under search warrant
95. Obstruction or hindrance of person executing search warrant
95A. Application for property seized under search warrants under other Acts to be held or retained under this Act
95B. What must be in the application?
95C. Court may make declaration
95D. Notice of declaration
95E. Effect of declaration
96. Disposal of livestock or perishable property
97. Return of seized property

PART 11A-PROPERTY MANAGEMENT WARRANTS

Division 1-Search and inspection warrants

97A. Application for search and inspection warrant
97B. Search and inspection warrant
97C. Record of proceedings for search and inspection warrant
97D. Announcement before entry
97E. Copy of search and inspection warrant to be given to occupier
97F. Use of assistants to execute search and inspection warrant
97G. Application of Magistrates' Court Act 1989.
97H. Expiry of search and inspection warrant
97I. Report on execution of warrant etc.
97J. Copy of inventory to be given
97K. Defects in search and inspection warrant
97L. Obstruction or hindrance of person executing search and inspection warrant

Division 2-Search and seizure warrants

97M. Application for search and seizure warrant
97N. Search and seizure warrant
97O. Record of proceedings for search and seizure warrant
97P. Announcement before entry
97Q. Copy of search and seizure warrant to be given to occupier
97R. Use of assistants to execute search and seizure warrant
97S. Application of Magistrates' Court Act 1989.
97T. Expiry of search and seizure warrant
97U. Report on execution of search and seizure warrant etc.
97V. Defects in search and seizure warrant
97W. Obstruction or hindrance of person executing search and
seizure warrant

PART 12-EXAMINATION ORDERS

98. Order for examination
99. Examination

PART 13-INFORMATION GATHERING POWERS

Division 1-Production orders

100. Application for production order
101. Production orders
102. Powers under production orders
103. Expiry of production order
104. Report on execution of production order etc.
105. Absence etc. of magistrate or judge who made production
order
106. Effect of production orders on proceedings etc.
107. Variation of production orders
108. Failure to comply with production order

Division 2-Search powers

109. Application for search warrant for property-tracking
documents
110. Search warrants
111. Expiry of warrant
112. Application of Magistrates' Court Act 1989.
113. Authority conferred by search warrant
114. Search for documents with consent

Division 3-Monitoring orders

115. Application for monitoring order
116. Monitoring orders
117. Failure to comply with monitoring order
118. Existence and operation of monitoring order not to be
disclosed

Division 3A-Information notices

118A. Definition
118B. Chief Commissioner of Police may authorise police to
issue information notices
118C. Who can issue information notices?
118D. Issuing information notices-authorised member of
police force
118E. Issuing information notices-prescribed person
118F. Information notice to be signed and reasons recorded
118G. What can an information notice require?
118H. What must the information notice contain?
118I. How is an information notice given?
118J. Offence to fail to comply with information notice
118K. Offence to disclose existence of information notice
118L. Immunity from suit
118M. Giving of information notice to be disregarded for
certain purposes

Division 4-Reports of suspect transactions

119. Reports of suspect transactions

Division 4A-Sharing of information

119A. Communication of information between law
enforcement agencies

Division 5-Interstate offences

120. Ministerial arrangements for transmission of documents
or information

Division 6-Document requests

120A. When a document request may be made
120B. Document request
120C. Offences
120D. Requested documents to be provided-Court order
120E. Return of documents

PART 14-Repealed

121-123. Repealed

PART 15-INTERSTATE ORDERS AND WARRANTS

124. Definition
125. Registration of interstate orders
126. Effect of registration
127. Duration of registration
128. Cancellation of registration
129. Charge on property subject to registered interstate restraining order
130. Trustee may act as agent
131. Interstate orders and search warrants

PART 16-MISCELLANEOUS

132. Standard of proof
133. Nature of proceedings
133A. Costs
134. Crime Prevention and Victims' Aid Fund
135. Conversion costs
136. Stamp duty not payable
137. Service of documents
138. Maximum fine for body corporate
139. Law enforcement agency to provide information to Minister
139A. Reports to the Minister
140. Secrecy
141. Court may hear applications at same time
142. Appeals
143. Provision of legal aid
143A. Delegation
144. Operation of other laws not affected
144A. Validation
145. Supreme Court-limitation of jurisdiction
146. Regulations
147. Rules of court

PART 17-AMENDMENT OF SENTENCING ACT 1991.

148. New Part 2B inserted

PART 2B-CONTINUING CRIMINAL ENTERPRISE OFFENDERS

149. New Schedule 1A inserted
SCHEDULE 1A-Continuing criminal enterprise offences

PART 18-CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS

150. Repeal
151. Crimes Act 1958.
152. Drugs, Poisons and Controlled Substances Act 1981.
153. Evidence Act 1958.
154. Magistrates' Court Act 1989.
155. Road Safety Act 1986.
156. Sentencing Act 1991.
157. Transitional
158. Confiscation (Amendment) Act 2003-definition of
tainted property transitional provision
159. Confiscation (Amendment) Act 2003-declaration of
property interests transitional provision
160. Confiscation (Amendment) Act 2003-freezing orders transitional provision
161. Confiscation (Amendment) Act 2003-tainted property substitution declaration transitional provisions
162. Confiscation (Amendment) Act 2003-disposal orders transitional provision
163. Confiscation (Amendment) Act 2003-property seized
under other Acts transitional provision
164. Confiscation (Amendment) Act 2003-examination orders transitional provision
165. Confiscation (Amendment) Act 2003-document requests transitional provisions
166. Confiscation (Amendment) Act 2003-Schedule 1
offences transitional provisions
167. Confiscation (Amendment) Act 2003-Schedule 2-
drug trafficking offences transitional provisions
168. Confiscation (Amendment) Act 2003-Schedule 2
offences transitional provisions
169. Confiscation (Amendment) Act 2003-Schedule 2-
money laundering transitional provisions
170. Confiscation (Amendment) Act 2003-Schedule 2-
attempts transitional provisions
171. Confiscation (Amendment) Act 2003-Schedule 2-
common law offences transitional provisions
172. Interpretation of Legislation Act 1984.
173. Transitional-Crimes (Money Laundering) Act 2003.
174. Transitional-Major Crime Legislation (Seizure of
Assets) Act 2004.
175. Transitional-Justice Legislation (Further Amendment) Act 2006.
176. Validation of certain exclusion orders-Confiscation Amendment Act 2007.
177. Existing applications for exclusion orders-Confiscation Amendment Act 2007.
178. Sufficient consideration-Confiscation Amendment
Act 2007.
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SCHEDULE 1-Offences-Forfeiture on Court Order
SCHEDULE 2-Offences-Automatic Forfeiture and Civil Forfeiture
SCHEDULE 3-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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