Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 44

Disposal of forfeited property

44. Disposal of forfeited property



(1) If property that is not money is forfeited to the Minister under a
forfeiture order or a civil forfeiture order or by automatic forfeiture under
section 35 then, subject to subsection (2) and to any direction under
subsection (4), the Minister or a prescribed person authorised by the Minister
for the purposes of this subsection must, as soon as practicable after the
property vests in the Minister, sell or otherwise dispose of the property.

(2) Except with the leave of the court which made the forfeiture order or the
civil forfeiture order or, in the case of automatic forfeiture, the court in
which the defendant was convicted, the Minister must not-

   (a)  dispose of, or otherwise deal with, the property; or

   (b)  authorise any other person or body to dispose of, or otherwise deal
        with, the property-

before the end of the appeal period, if any, or, if an application has been
made under section 49, 51 or 53 for an exclusion order, before the final
determination of the application, whichever is later.

(3) For the purposes of subsection (2), the appeal period ends-

   (a)  in the case of a forfeiture order, when an appeal may no longer be
        lodged against either the forfeiture order or the conviction in
        reliance on which the order was made or, if such an appeal is lodged,
        when the appeal is abandoned or finally determined;

   (b)  in the case of automatic forfeiture, when an appeal may no longer be
        lodged against either the conviction in reliance on which automatic
        forfeiture occurred or a refusal to make an exclusion order under
        section 22 or, if such an appeal is lodged, when the appeal is
        abandoned or finally determined.

   (c)  in the case of a civil forfeiture order, when an appeal may no longer
        be lodged against either the civil forfeiture order or a refusal to
        make an exclusion order under section 24 or, if such an appeal is
        lodged, when the appeal is abandoned or finally determined.

(4) If property is forfeited under a forfeiture order or a civil forfeiture
order or by automatic forfeiture under section 35, the Minister, or a
prescribed person authorised by the Minister for the purposes of this
subsection, may, before the property is dealt with under subsection (1),
direct that the property be disposed of, or otherwise dealt with, as specified
in the direction.

(5) Without limiting subsection (4), the directions that may be given under
that subsection include a direction that property is to be disposed of in
accordance with the provisions of a law specified in the direction.

(6) If property is forfeited to the Minister under a forfeiture order or a
civil forfeiture order or by automatic forfeiture under section 35, the
Minister, or a prescribed person authorised by the Minister for the purposes
of this subsection, may give all directions that are necessary or convenient
to realise the Minister's interest in the property.