Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 37

PART 4 CIVIL FORFEITURE

Application for civil forfeiture order

37. Application for civil forfeiture order



(1AA) In this section-

the Court means the Supreme Court or the County Court.

(1) If a restraining order is in force under section 18(2) in respect of
property, the DPP or a prescribed person, or a person belonging to a
prescribed class of persons, may apply to the Court for a civil forfeiture
order in respect of the property.



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(4) The applicant must give written notice of the application to every person
who the applicant has reason to believe has an interest in the property.





(5) The Court may waive the requirement under subsection (4) to give notice
if-



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   (b)  the Court is satisfied either that any person who has an interest in
        the property is present before the Court or that it is fair to waive
        the requirement despite any such person not being present.

(6) The Court may, at any time before the final determination of the
application, require the applicant to give notice of the application to any
person, in any manner and within any time that the Court thinks fit.

(7) Any person notified under subsection (6) and any other person who claims
an interest in the property are entitled to appear and to give evidence at the
hearing of the application but the absence of a person does not prevent the
Court from making a civil forfeiture order.

(8) The Court may, at any time before the final determination of the
application, amend the application as it thinks fit, either at the request of
the applicant or with the approval of the applicant.



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(10) If an application under subsection (1) has been finally determined, no
further application may be made under that subsection in relation to the same
Schedule 2 offence, except with the leave of the Court.

(11) The Court must not grant leave under subsection (10) unless it is
satisfied that-

   (a)  the property to which the new application relates was derived,
        realised or identified only after the earlier application was
        determined; or

   (b)  necessary evidence became available only after the earlier application
        was determined; or

   (c)  it is otherwise in the interests of justice to do so.

(12) The court may-

   (a)  order that the whole or any part of the proceeding be heard in closed
        court; or

   (b)  order that only persons or classes of persons specified by it may be
        present during the whole or any part of the proceeding; or

   (c)  make an order prohibiting the publication of a report of the whole or
        any part of the proceeding or of any information derived from the
        proceeding.

(13) The court must cause a copy of any order made under subsection (12) to be
posted on a door of the court house or in another conspicuous place where
notices are usually posted at the court house.

(14) A person must not contravene an order posted under subsection (13).

Penalty: Imprisonment for 12 months or 1000 penalty units. Note Section 14
provides that a restraining order may be made in respect of property or an
interest in property.