Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 38

Determination of application for civil forfeiture order

38. Determination of application for civil forfeiture order



(1AA) In this section-

the Court means the Supreme Court or the County Court.

(1) On an application under section 37(1), the Court must order that the
restrained property be forfeited to the Minister if the Court is satisfied
that-

   (a)  the requirements of section 37 as to notice of the application have
        been complied with; and

   (b)  not less than 30 days have elapsed since the last notice given in
        accordance with section 37; and

   (c)  there are no pending applications under section 20 in relation to the
        restrained property.

(2) The Court may exclude particular property or any particular interest in
property from the operation of a civil forfeiture order if satisfied that
otherwise hardship may reasonably be likely to be caused to any person by the
order.

(3) A civil forfeiture order must specify the interests in property to which
it applies.

(4) The Court may, subject to any rules of court, take into account in
determining the application any material that it thinks fit.



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(6) The making of a civil forfeiture order does not prevent the making of a
pecuniary penalty order.