CONFISCATION ACT 1997 - SECT 131 Interstate orders and search warrants

CONFISCATION ACT 1997 - SECT 131

    (1)     If property has been seized under a search warrant issued in reliance on the commission of an interstate offence and a court of the other State or the Territory makes an order—

        (a)     directing that the property be returned to the person from whose possession it was seized; or

        (b)     directing that that person be allowed access to the property—

the order must, as far as possible, be given effect to in Victoria.

    (2)     If—

S. 131(2)(a) amended by No. 87/2004 s. 22(2)(r).

        (a)     property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence; and

S. 131(2)(b) amended by No. 79/2014 s. 37(a).

        (b)     an application has been made to a court for a forfeiture order or a civil forfeiture order or a restraining order for the purposes of automatic forfeiture or an unexplained wealth restraining order in respect of the property; and

S. 131(2)(c) amended by Nos 68/2010 s. 62, 79/2014 s. 37(b).

        (c)     the court refuses to make the order or excludes the property from the operation of any restraining order or any civil forfeiture restraining order or any unexplained wealth restraining order made by it—

the court must make an order directing that the property be returned to the person from whose possession it was seized.

S. 131(3) amended by Nos 87/2004 s. 22(2)(s), 55/2014 s. 43.

    (3)     If property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the person from whose possession the property was seized may apply to the Magistrates' Court for an order—

        (a)     directing that the property be returned to that person; or

        (b)     directing that the person be allowed access to the property—

and the Court may make such an order on such terms and conditions (if any) as it thinks fit.

    (4)     The applicant for an order under subsection (3) must give to the DPP or an appropriate officer written notice of the application and of the date, time and place fixed for the hearing of it.

    (5)     Subsections (2) and (3) apply to all property seized under a search warrant other than property that—

        (a)     was used in, or in connection with, the commission of an interstate offence; or

        (b)     was derived or realised, directly or indirectly, by any person, in relation to an interstate offence.

Part 16—Miscellaneous