Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 24

Determination of exclusion application-restraining order-civil forfeiture

24. Determination of exclusion application-restraining order-civil forfeiture

On an application made under section 20, where the restraining order has been
made in relation to a Schedule 2 offence for the purposes of civil forfeiture-

   (a)  the court may make an order excluding the applicant's interest in the
        property from the operation of the restraining order if the court is
        satisfied that-

   (i)  the property is not derived property; and



   (ii) the property is not tainted property; or



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   (b)  the court may make an order excluding the applicant's interest in the
        property from the operation of the restraining order if the court is
        not satisfied that the property in which the applicant claims an
        interest is not tainted property or derived property but is satisfied
        that-

   (i)  the applicant was not, in any way, involved in the commission of the
        Schedule 2 offence; and

   (ii) where the applicant acquired the interest before the commission, or
        alleged commission, of the Schedule 2 offence, the applicant did not
        know that the property would be, or was intended to be, used in, or in
        connection with, the commission of the Schedule 2 offence; and

   (iii) where the applicant acquired the interest at the time of or after the
        commission, or alleged commission, of the Schedule 2 offence, the
        applicant acquired the interest without knowing, and in circumstances
        such as not to arouse a reasonable suspicion, that the property was
        tainted property or derived property; and

   (iv) the applicant's interest in the property was not subject to the
        effective control of the person who is suspected to have committed the
        Schedule 2 offence on the earlier of the date on which that person was
        charged with the Schedule 2 offence (if such a charge was filed) or
        the date that the restraining order was made in relation to the
        property; and

   (v)  where the applicant acquired the interest, directly or indirectly,
        from the person who is suspected to have committed the Schedule 2
        offence, that it was acquired for sufficient consideration.

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