Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 39

Consent orders

39. Consent orders



(1) The Supreme Court or the County Court may make a civil forfeiture order by
consent of the applicant and the respondent and of any person whom it has
reason to believe has an interest in property in respect of which the order is
made.

(2) A law enforcement agency or an applicant for a civil forfeiture order must
not enter into an agreement to settle any matter in respect of which a civil
forfeiture order could be made under this Part and which involves the payment
of money or the transfer of any interest in property to the Minister except-

   (a)  by way of a consent order under subsection (1); or

   (b)  as restitution of stolen property; or

   (c)  as compensation for loss or destruction of, or damage to, property; or

   (d)  with the approval of the Supreme Court or the County Court.