Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 17

Procedure on application

17. Procedure on application



(1) If, having regard to the matters referred to in subsection (1A), the court
is satisfied that the circumstances of the case justify the giving of notice
to a person affected, the court may direct an applicant under section 16(1) or
16(2) to give notice of the application to any person whom the court has
reason to believe has an interest in the property that is the subject of the
application.

(1A) In determining whether the circumstances of the case justify the giving
of notice, the court must have regard to-

   (a)  the aim of preserving the property that is the subject of the
        application so as to ensure its availability for the purpose for which
        the restraining order is sought; and

   (b)  any jeopardy to an investigation by a law enforcement agency into
        criminal activity that could result from the giving of notice; and

   (c)  any risk to the safety or security of a person, including a potential
        witness in any criminal proceeding, that could result from the giving
        of notice; and

   (d)  the provision made by this Act to enable a person claiming an interest
        in property the subject of a restraining order to apply for an
        exclusion order to protect that interest from the operation of the
        restraining order; and

   (e)  the limited duration of a restraining order; and

   (f)  the submissions, if any, made by the applicant in relation to the
        giving of notice.

(1B) In determining whether to direct an applicant to give notice of an
application under section 16(1) or 16(2), the court may have regard to any
other matter that the court considers relevant.

(1C) If the court does not require notice of an application under section
16(1) or 16(2) to be given under subsection (1), it may hear and determine the
application in the absence of any person who has an interest in the property
that is the subject of the application.

(2) Any person notified under subsection (1) is entitled to appear and to give
evidence at the hearing of the application but the absence of that person does
not prevent the court from making a restraining order.

(3) The court may-

   (a)  order that the whole or any part of the proceeding be heard in closed
        court; or

   (b)  order that only persons or classes of persons specified by it may be
        present during the whole or any part of the proceeding; or

   (c)  make an order prohibiting the publication of a report of the whole or
        any part of the proceeding or of any information derived from the
        proceeding.

(4) The court must cause a copy of any order made under subsection (3) to be
posted on a door of the court house or in another conspicuous place where
notices are usually posted at the court house.

(5) A person must not contravene an order posted under subsection (4).

Penalty: Imprisonment for 12 months or 1000 penalty units.