Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 34B

Application for tainted property substitution declaration

34B. Application for tainted property substitution declaration





(1) If a defendant is convicted of a Schedule 1 offence, an applicant may
apply for a tainted property substitution declaration to-

   (a)  the Supreme Court; or

   (b)  the County Court; or

   (c)  the court before which the defendant was convicted of the offence.

(2) The application under subsection (1) must-

   (a)  be made in conjunction with an application for a forfeiture order; and

   (b)  specify property that the defendant used or intended to use in or in
        connection with the commission of the Schedule 1 offence of which the
        defendant is convicted; and

   (c)  specify property which is to be substituted for the property referred
        to in paragraph (b) that-

   (i)  is property in which the defendant had an interest at the time that
        the Schedule 1 offence was committed; and

   (ii) is of the same nature or description as the property referred to in
        paragraph (b). Example A defendant is convicted of a sexual offence
        against a child and, in the commission of that offence, the defendant
        used a rented flat although the defendant owned a flat at the time.
        The prosecution may apply to the court for a declaration that the flat
        owned by the defendant is tainted property although the rented flat
        and the defendant's flat are not of equal value. (see section 34C(2)).