Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 53

Application for exclusion from civil forfeiture order

53. Application for exclusion from civil forfeiture order



(1AA) In this section-

the Court means the court that made the relevant civil forfeiture order under
section 38.

(1) If property is forfeited to the Minister under section 38, a person 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 for an
order under section 54.



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(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 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 54 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.

(5) The Court may grant a person leave under subsection (4) to make an
application if it 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 applicant for the civil forfeiture order; 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 54.

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