Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 47

Discharge of automatic forfeiture in respect of an interest

47. Discharge of automatic forfeiture in respect of an interest



(1) Automatic forfeiture under section 35 is discharged in respect of an
interest in property-

   (a)  if the conviction in reliance on which the automatic forfeiture
        occurred is subsequently quashed; or

   (b)  if an exclusion order in respect of the interest is made, whether on
        appeal or otherwise; or

   (c)  if-

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

   (ii) after the occurrence of automatic forfeiture, 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

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





(2) If automatic forfeiture is discharged in the manner referred to in
paragraph (a), (b) or (c) of subsection (1), the DPP must-

   (a)  as soon as practicable after the discharge, give written notice of the
        discharge to all persons whom the DPP has reason to believe may have
        had an interest in the property immediately before it was forfeited;
        and

   (b)  if required to do so by a court, give written notice of the discharge
        to a specified person or class of persons in the manner and within the
        time that the court considers appropriate.

(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.