Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 33

Determination of application for forfeiture order

33. Determination of application for forfeiture order



(1) On an application under section 32(1), if the court is satisfied that the
property is tainted property in relation to the offence, the court may order
that the property, or such of the property as is specified by the court in the
order, be forfeited to the Minister.

(2) A forfeiture order must specify the interests in property to which it
applies.

(3) If an application is made under section 32(1) to the court before which
the person was convicted of the offence before that court has passed sentence
for the offence, that court may make a forfeiture order at the time of passing
sentence and for this purpose the court may, if it thinks it necessary to do
so, defer the passing of sentence until it has determined the application for
the order.

(4) On an application under section 32(1) a court may, subject to any rules of
court, take into account in determining the application any material that it
thinks fit, including evidence given in any proceeding relating to the offence
in reliance on the conviction of which the application is made and, for this
purpose, the whole or any part of the transcript of those proceedings is
admissible in evidence as if it were a record of evidence given on the hearing
of the application.

(5) In considering whether to make an order under subsection (1) in respect of
particular property, the court may have regard to-

   (a)  the use that is ordinarily made, or had been intended to be made, of
        the property; and

   (b)  any hardship that may reasonably be likely to be caused to any person
        by the order; and

   (c)  the claim of any person to an interest in the property having regard
        to the matters specified in section 50(1).

(6) A court must give priority to an application made under section 84
(restitution order) or Division 2 of Part 4 (compensation order) of the
Sentencing Act 1991 in relation to the same conviction and, accordingly, may
defer the determination of an application under section 32(1) until the
application under the Sentencing Act 1991 has been determined.

(7) The making of a forfeiture order does not prevent the making of a
pecuniary penalty order.