Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 10

Property in which the defendant has an interest

10. Property in which the defendant has an interest

For the purposes of an application under this Act in relation to an offence,
property in which the defendant has an interest includes-

   (a)  any property that is, on the day when the first application is made
        under this Act in respect of that offence, subject to the effective
        control of the defendant; and

   (b)  any property that was the subject of a gift from the defendant to
        another person-

   (i)  within the period of 6 years before the first application made under
        this Act in respect of that offence; and

   (ii) at any time if the application is made for the purposes of automatic
        forfeiture or civil forfeiture.