Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 36

Declaration that property has been forfeited

36. Declaration that property has been forfeited



(1) If a court makes a restraining order in reliance on-



   (a)  a defendant's conviction of a Schedule 2 offence; or







   (b)  the charging or proposed charging of a defendant with a Schedule 2
        offence-

a person may apply to the court that made that order for a declaration that
property that was subject to the restraining order has been forfeited to the
Minister under section 35 and the court, if satisfied that the property has
been forfeited to the Minister under that section, must make a declaration
accordingly.

(2) An applicant under this section for a declaration that property has been
forfeited is not required to give notice of the application to any person who
has an interest in the property.

Note Section 14 provides that a restraining order may be made in respect of
property or an interest in property.

_______________