Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 34

Consent orders

34. Consent orders



(1) Subject to section 12, a court may make a forfeiture order by consent of
the applicant and the respondent and of any person whom it has reason to
believe has an interest in property in respect of which the order is made.





(2) A law enforcement agency or an applicant for a forfeiture order must not
enter into an agreement to settle any matter in respect of which a forfeiture
order could be made under this Division and which involves the payment of
money or the transfer of property to the Minister except-

   (a)  by way of a consent order under subsection (1); or

   (b)  as restitution of stolen property; or

   (c)  as compensation for loss or destruction of, or damage to, property; or

   (d)  with the approval of the Supreme Court or the court before which the
        person was convicted of the Schedule 1 offence.

Division 1A-Tainted property substitution declaration