Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 35

Automatic forfeiture of restrained property on conviction of certain offences

35. Automatic forfeiture of restrained property on conviction of certain
offences



(1) If-





   (a)  a person is convicted of a Schedule 2 offence; and



   (b)  a restraining order is or was made under Part 2 in respect of property
        for the purposes of automatic forfeiture in reliance on-

   (i)  the defendant's conviction of that offence; or

   (ii) the charging or proposed charging of the defendant with that offence
        or a related offence that is a Schedule 2 offence; and

   (c)  the restrained property is not the subject of an exclusion order under
        section 22-

the restrained property, subject to any declaration under section 23, is
forfeited to the Minister on the expiry of 60 days after-

   (d)  the making of the restraining order; or

   (e)  the defendant's conviction-

whichever is later.

(2) If, within the period of 60 days referred to in subsection (1), an
application has been made for an exclusion order under section 22 in respect
of restrained property, the property is forfeited to the Minister-

   (a)  if the application is refused or dismissed, at the end of the period
        during which the person may appeal against the refusal or dismissal
        or, if such an appeal is lodged, when the appeal is abandoned or
        finally determined without the order having been made; or

   (b)  if the application is withdrawn or struck out, on that withdrawal or
        striking out.

(3) If a person is, by reason of section 4(1)(d), deemed to have been
convicted of a Schedule 2 offence, the DPP may apply to the Supreme Court or
the County Court for an order declaring the date of conviction for the
purposes of this section.

(4) On an application under subsection (3), the court must not make an order
declaring the date of conviction of a person of a Schedule 2 offence unless it
is satisfied that the person has absconded.