Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 41

PART 5 EFFECT OF FORFEITURE

Effect of forfeiture

41. Effect of forfeiture



(1) In this section registrable property means property title to which is
passed by registration on a register kept by a relevant registration
authority.

(2) If-

   (a)  a court makes a forfeiture order or a civil forfeiture order in
        respect of property then, immediately on the making of the order; or

   (b)  property is forfeited to the Minister by automatic forfeiture under
        section 35-

the property vests in the Minister subject to every mortgage, charge or
encumbrance to which it was subject immediately before the order was made or
the automatic forfeiture occurred (as the case may be) and to-

   (c)  in the case of land, every interest registered, notified or saved
        under the Transfer of Land Act 1958 or the Property Law Act 1958; and

   (d)  in the case of goods to which Part 3 of the
        Chattel Securities Act 1987 applies, every security interest
        registered under that Act.

(3) If registrable property is forfeited to the Minister under a forfeiture
order or a civil forfeiture order or by automatic forfeiture under section 35-

   (a)  the property vests in equity in the Minister but does not vest in the
        Minister at law until the applicable registration requirements have
        been complied with; and

   (b)  the Minister is entitled to be registered as owner of the property;
        and



   (c)  the Minister or a prescribed person authorised by the Minister for the
        purposes of this subsection has power to do, or to authorise the doing
        of, anything necessary or convenient to obtain the registration of the
        Minister as owner, including but not limited to, the execution of any
        instrument required to be executed by a person transferring an
        interest in property of that kind.

(4) If registrable property has been forfeited to the Minister under a
forfeiture order or a civil forfeiture order or by automatic forfeiture under
section 35, the Minister or the DPP or a prescribed person authorised by the
Minister for the purposes of this subsection has power to do anything
necessary or convenient to give notice of, or otherwise protect, the equitable
interest of the Minister in the property.