Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 20

Application for exclusion from restraining order

20. Application for exclusion from restraining order



(1) If a court makes a restraining order against property under section 18,
any person claiming an interest in the property (including the defendant) may
apply to that court for an order under section 21, 22 or 24.

(1A) An application under subsection (1) must be made-

   (a)  if notice is required to be given under section 19(1), within 30 days
        after service of notice of the making of the restraining order; or

   (b)  in any other case, within 30 days after the making of the restraining
        order.

(1B) The court may extend the period within which an application may be made,
whether or not that period has expired, if it is in the interests of justice
to do so.

(2) An applicant must give notice of the application, and, subject to
subsection (6), of the grounds on which it is made-

   (a)  to the applicant for the restraining order; and

   (b)  to any other person whom the applicant has reason to believe has an
        interest in the property.

(3) Any person referred to in subsection (2) is entitled to appear and to give
evidence at the hearing of an application for an order under section 21, 22 or
24 but the absence of that person does not prevent the court from making an
order under section 21, 22 or 24.

(4) If the person referred to in subsection (2)(a) proposes to contest an
application for an exclusion order, that person must give the applicant notice
of the grounds on which the application is to be contested.

(5) If-

   (a)  a court makes a restraining order against property under section 18 in
        relation to an offence; and







   (b)  a person claiming an interest in the property is charged with the
        offence or a related offence that is a Schedule 1 offence or a
        Schedule 2 offence-

any statement made or evidence given by the person in support of an
application under this section is admissible against that person in a
proceeding for perjury or any proceeding under this Act but is not otherwise
admissible in evidence against that person.

(6) If-

   (a)  a court makes a restraining order against property under section 18 in
        relation to a Schedule 2 offence; and

   (b)  a person claiming an interest in the property is charged with the
        Schedule 2 offence or a related offence that is a Schedule 2 offence;
        and

   (c)  that person applies for an order under section 21, 22 or 24-

the person need not give notice of the grounds on which the application is
made until the charge against the person is finally determined or is
withdrawn.

(7) Any person referred to in subsection (2) may apply to the court for an
order that the hearing of the application for an order under section 21, 22 or
24 be stayed until the charge referred to in subsection (6)(b) is finally
determined or is withdrawn.

Notes 1. Section 14 provides that a restraining order may be made in respect
of property or an interest in property. 2. Section 26 enables the court to
make orders varying the property to which the restraining order relates.