CONFISCATION ACT 1997 - SECT 125 Registration of interstate orders
CONFISCATION ACT 1997 - SECT 125
Registration of interstate orders(1) If—
(a) an interstate forfeiture order expressly applies to specified property in Victoria; or
(b) an interstate restraining order expressly applies to—
(i) specified property in Victoria; or
(ii) all property in Victoria of a specified person—
a copy of the order, sealed by the court which made it, may be registered in the Supreme Court by the applicant for the order or by the DPP or by a person who is prescribed for the purposes of this subsection or a person of a class of persons so prescribed.
(2) A copy of any amendments made to an interstate order (whether those amendments were made before or after its registration in the Supreme Court), sealed by the court which made the amendments, may be registered in the same way, and the amendments do not, for the purposes of this Act, have effect until they are registered.
(3) Registration of an interstate order may be refused to the extent that the order would not, on registration, be capable of enforcement in Victoria.
(4) Registration is to be effected in accordance with the rules of the Supreme Court.
S. 125(5) amended by No. 38/2017 s. 43, substituted by No. 44/2022 s. 67.
(5) The Supreme Court may register a copy of an interstate order that is—
(a) sealed or certified electronically in accordance with the procedures of the court that made the order; and
(b) transmitted by electronic communication.
S. 125(6) inserted by No. 20/2015 s. 4.
(6) For the purposes of this section, a reference to a court is to be read as including a reference to any body or person who, under a corresponding law of the relevant jurisdiction, may make an interstate forfeiture order or interstate restraining order.