Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 49

PART 6 EXCLUSION ORDERS

Application for exclusion from forfeiture order

49. Application for exclusion from forfeiture order



(1) If property is forfeited, or is sought to be forfeited, to the Minister
under a forfeiture order, a person (other than the defendant) who claims an
interest in the property or claims to have had an interest in the property
immediately before it was forfeited may, subject to subsection (2), apply to
the court that made the forfeiture order or from which a forfeiture order is
sought for an order under section 50.

(2) The application must, subject to subsection (3), be made at the same time
as the application for a forfeiture order or, if a forfeiture order has been
made, before the end of the period of 60 days commencing on the day on which
the forfeiture order was made.

(3) The court that made the forfeiture order may grant a person leave to apply
after the end of the period referred to in subsection (2) if it is satisfied
that the delay in making the application is not due to neglect on the part of
the applicant.

(4) An applicant must give written notice of the application, and of the
grounds on which it is made-

   (a)  to the applicant for the forfeiture order; and

   (b)  to any other person whom the applicant has reason to believe has an
        interest in the property or had an interest in the property
        immediately before it was forfeited.





(5) Any person notified under subsection (4) is entitled to appear and to give
evidence at the hearing of the application but the absence of that person does
not prevent the court from making an order under section 50.

(6) If-

   (a)  the person referred to in subsection (4)(a) proposes to contest an
        application for an exclusion order; and

   (b)  the application is not made at the same time as the application for a
        forfeiture order-

that person must give the applicant for the exclusion order written notice of
the grounds on which the application is to be contested.