Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 54

Determination of exclusion application-civil forfeiture order

54. Determination of exclusion application-civil forfeiture order



(1AA) In this section-

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

(1) On an application made under section 53, the Court may make an order
excluding the applicant's interest in property from the operation of an order
under section 38 if it is not satisfied that the property in which the
applicant claims an interest is not tainted property or derived property but
is satisfied that-

   (a)  the applicant was not, in any way, involved in the commission of the
        Schedule 2 offence; and



   (b)  where the applicant acquired the interest before the commission, or
        alleged commission, of the Schedule 2 offence, the applicant did not
        know that the property would be, or was intended to be, used in, or in
        connection with, the commission of the Schedule 2 offence; and

   (c)  where the applicant acquired the interest at the time of or after the
        commission, or alleged commission, of the Schedule 2 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 or derived property; and

   (d)  the applicant's interest in the property was not subject to the
        effective control of the person who is suspected to have committed the
        Schedule 2 offence on the earlier of the date on which that person was
        charged with the Schedule 2 offence (if such a charge was filed) or
        the date that the restraining order was made in relation to the
        property; and

   (e)  where the applicant acquired the interest, directly or indirectly,
        from the person who is suspected to have committed the Schedule 2
        offence, that it was acquired for sufficient consideration.

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

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