Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 23

Declaration that restraining order shall be disregarded for purposes of automatic forfeiture

23. Declaration that restraining order shall be disregarded for purposes of
automatic forfeiture

If-

   (a)  in the circumstances set out in section 22(a), the court is satisfied
        of the matters referred to in subparagraphs (i), (ii) and (iia); or

   (b)  in the circumstances set out in section 22(c), the court is satisfied
        of the matters referred to in subparagraphs (i), (ii), (iii) and
        (iiia)-

but the interest is not excluded from the operation of the restraining order,
the court may, by order, declare that the restraining order, to the extent to
which it relates to the applicant's interest in the property, shall be
disregarded for the purposes of section 35. Note If the applicant's interest
in property was restrained for the purposes of satisfying a pecuniary penalty
order or an order for restitution or compensation under the
Sentencing Act 1991, it continues to be so restrained despite the applicant's
interest being unavailable for the purposes of automatic forfeiture.