Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 34C

Court may make tainted property substitution declaration

34C. Court may make tainted property substitution declaration



(1) Subject to subsection (2), a court may make a tainted property
substitution declaration if the court is satisfied as to the following
matters-

   (a)  that the defendant used or intended to use the property which is not
        available for forfeiture in or in connection with the commission of
        the Schedule 1 offence of which the defendant is convicted; and

   (b)  that the property referred to in paragraph (a) is not available for
        forfeiture; and

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

   (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 (a).

(2) The court may make a tainted property substitution declaration whether or
not the value of the property which is not available for forfeiture is equal
to the value of the property which is to be substituted for that property.

(3) A court must not make a tainted property substitution declaration in
respect of any property if, at the time of the commission of the Schedule 1
offence, the defendant did not have an interest in the property.

(4) If the court makes a tainted property substitution declaration in respect
of property, that property-

   (a)  is substituted for the property which is not available for forfeiture;
        and

   (b)  is deemed to be tainted property for the purposes of this Act.

Division 2-Automatic forfeiture after conviction