Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 18

Determination of application

18. Determination of application



(1) On an application under section 16(1) or (2)(b), (c) or (d), the court
must make a restraining order if it is satisfied that the defendant-

   (a)  has been, or within the next 48 hours will be, charged with; or

   (b)  has been convicted of-

a Schedule 1 offence or a Schedule 2 offence (as the case may be) and-

   (c)  it considers that, having regard to the matters contained in the
        affidavit supporting the application and to any other sworn evidence
        before it, there are reasonable grounds for making the restraining
        order; and

   (d)  if the restraining order is being sought for a purpose referred to in
        section 15(1)(e), it is satisfied that-

   (i)  applications have been, or are likely to be, made for restitution or
        compensation under the Sentencing Act 1991 in respect of the Schedule
        1 offence or Schedule 2 offence; and

   (ii) the order of the court under the Sentencing Act 1991 is likely to
        exceed $10 000.

(2) On an application under section 16(2)(a), the court must make a
restraining order if it is satisfied that-

   (a)  the deponent of the affidavit supporting the application does suspect
        that the property is tainted property in relation to a Schedule 2
        offence; and

   (b)  there are reasonable grounds for that suspicion.