Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 46

Discharge of forfeiture order

46. Discharge of forfeiture order



(1) A forfeiture order is discharged-

   (a)  if the conviction in reliance on which the order was made is
        subsequently quashed; or

   (b)  if-

   (i)  in reliance on the deemed conviction of a person under section
        4(1)(d), a forfeiture order has been made in respect of the person;
        and

   (ii) after the making of the order, the person surrenders to a member of
        the police force or is found or becomes for any other reason amenable
        to justice; and

   (iii) the person is acquitted, on appeal or otherwise; and

   (iv) the person pays to the State any conversion costs notified to the
        person by the Minister; or

   (c)  if it is discharged by the court which hears an appeal against it
        under section 142; or

   (d)  if a payment is made to discharge it in accordance with section 56 or
        57.

(2) If a forfeiture order is discharged in the manner referred to in paragraph
(a), (b) or (c) of subsection (1), the person on whose application the
forfeiture order was made must, as soon as practicable after the discharge,
give written notice of the discharge to all persons whom the first-mentioned
person has reason to believe may have had an interest in the property
immediately before it was forfeited.





(3) A notice under subsection (2) must include a statement to the effect that
a person claiming to have had an interest in the property immediately before
it was forfeited may make an application under section 55.