Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 35A

Schedule 2 offences-application for court declaration

35A. Schedule 2 offences-application for court declaration







(1) Subject to subsection (2), the DPP may apply to the court which convicted
a defendant of an offence for a declaration that the offence was a Schedule 2
offence.



(2) An application under subsection (1) must not be made if the court which
convicted the defendant of the offence has already made a finding that the
offence was committed in the circumstances specified in Schedule 2 in relation
to that offence.