Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 15

Purposes for which a restraining order may be made

15. Purposes for which a restraining order may be made



(1) A restraining order may be made to preserve property or an interest in
property in order that the property or interest will be available for any one
or more of the following purposes-

   (a)  to satisfy any forfeiture order that may be made under Division 1 of
        Part 3;

   (b)  to satisfy automatic forfeiture of property that may occur under
        Division 2 of Part 3;

   (c)  to satisfy any civil forfeiture order that may be made under Part 4;

   (d)  to satisfy any pecuniary penalty order that may be made under Part 8;

   (e)  to satisfy any order for restitution or compensation that may be made
        under the Sentencing Act 1991.

(2) An application for a restraining order must state the purpose for which it
is sought.

(3) If a court makes a restraining order in respect of property or an interest
in property-

   (a)  the court must state in the order the purpose for which the property
        or interest is restrained; and

   (b)  if the court excludes property or an interest in property from the
        order in respect of a purpose, the court must state in the order
        whether the property or interest remains restrained for any other
        purpose and, if so, state that other purpose.

(4) If a court makes a restraining order on application under section 16(2)(a)
and a person is subsequently charged with a Schedule 2 offence in relation to
which the restrained property or interest in property is tainted property, the
court may vary the restraining order to add to or substitute the purpose for
which the property or interest is restrained.

Note Section 26 enables the court to make orders varying the property to which
the restraining order relates.