Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 51

Application for exclusion from automatic forfeiture

51. Application for exclusion from automatic forfeiture



(1) If property is forfeited to the Minister under section 35, a person (other
than the defendant) who claims to have had an interest in the property
immediately before it was forfeited may, subject to subsections (2) and (4),
apply to the court that made the relevant restraining order for an order under
section 52.

(2) The application must, subject to subsection (3), be made before the end of
the period of 60 days commencing on the day on which the property is forfeited
to the Minister.

(3) The court that made the relevant restraining 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 application for an order under section 52 in relation to an interest in
property must not be made by a person who was given notice of-

   (a)  proceedings on the application for the relevant restraining order; or

   (b)  the making of the relevant restraining order-

except with the leave of the court that made the relevant restraining order.

(5) The court may grant a person leave under subsection (4) to make an
application if the court is satisfied that the person's failure to seek to
have that person's interest in the property excluded from the relevant
restraining order was not due to neglect on the part of the applicant.

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

   (a)  to the DPP; and

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





(7) Any person notified under subsection (6) 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 52.

(8) If the DPP proposes to contest an application for an exclusion order, the
DPP must give the applicant written notice of the grounds on which the
application is to be contested.