Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 50

Determination of exclusion application-forfeiture order

50. Determination of exclusion application-forfeiture order



(1) On an application made under section 49-

   (a)  if the court is not satisfied that the property in which the applicant
        claims an interest is not tainted property, the court may make an
        order excluding the applicant's interest in the property from the
        operation of the forfeiture order if satisfied that-

   (i)  the applicant was not, in any way, involved in the commission of the
        Schedule 1 offence; and

   (ii) where the applicant acquired the interest before the commission of the
        Schedule 1 offence, the applicant did not know that the defendant
        would use, or intended to use, the property in, or in connection with,
        the commission of the Schedule 1 offence; and

   (iii) where the applicant acquired the interest at the time of or after the
        commission of the Schedule 1 offence, the applicant acquired the
        interest without knowing, and in circumstances such as not to arouse a
        reasonable suspicion, that the property was tainted property; and

   (iv) the applicant's interest in the property was not subject to the
        effective control of the defendant on the earlier of the date that the
        defendant was charged with the Schedule 1 offence or the date that the
        restraining order was made in relation to the property; and

   (v)  where the applicant acquired the interest from the defendant, directly
        or indirectly, that it was acquired for sufficient consideration; or

   (b)  if the court is satisfied that the property is not tainted property,
        the court may make an order excluding the applicant's interest in the
        property from the operation of the forfeiture order.

(2) If the court makes an order under subsection (1), the court may also make
an order declaring the nature, extent and value of the applicant's interest in
the property.