Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 32

Application for forfeiture order

32. Application for forfeiture order



(1) If a defendant is convicted of a Schedule 1 offence, the DPP or an
appropriate officer may apply to the Supreme Court or the court before which
the defendant was convicted of the offence for a forfeiture order in respect
of tainted property.

(2) Except with the leave of the court, an application may only be made under
subsection (1) before the end of the relevant period (if any) in relation to
the conviction.

(3) A court must not grant leave under subsection (2) unless it is satisfied
that-

   (a)  the property to which the application relates was derived, realised or
        identified only after the end of the relevant period; or

   (b)  necessary evidence became available only after the end of the relevant
        period; or

   (c)  it is otherwise in the interests of justice to do so.

(4) The applicant must give written notice of the application-

   (a)  to the defendant, unless the defendant has absconded; and



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



(5) The court may waive the requirement under subsection (4) to give notice
if-

   (a)  the defendant is present before the court; and

   (b)  the court is satisfied either that any other person who has an
        interest in the property is present before the court or that it is
        fair to waive the requirement despite any such person not being
        present.

(6) The court may, at any time before the final determination of the
application, require the applicant to give notice of the application to any
person, in any manner and within any time that the court thinks fit.

(7) Any person notified under subsection (4) or (6) and any other person who
claims an interest in the property are entitled to appear and to give evidence
at the hearing of the application but the absence of a person does not prevent
the court from making a forfeiture order.

(8) The court may, at any time before the final determination of the
application and whether or not the period for making the application has
expired, amend the application as it thinks fit, either at the request of the
applicant or with the approval of the applicant.

(9) If an application under subsection (1) has been finally determined, no
further application may be made under that subsection in relation to the same
conviction, except with the leave of the Supreme Court or the court which
dealt with the earlier application.





(10) A court must not grant leave under subsection (9) unless it is satisfied
that-

   (a)  the property to which the new application relates was derived,
        realised or identified only after the earlier application was
        determined; or

   (b)  necessary evidence became available only after the earlier application
        was determined; or

   (c)  it is otherwise in the interests of justice to do so.