Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 55

PART 7 RETURN OF PROPERTY

Application to Minister for return of property or payment of value

55. Application to Minister for return of property or payment of value



(1) If-

   (a)  a forfeiture order is discharged in the manner referred to in section
        46(1)(a), (b) or (c); or

   (b)  automatic forfeiture is discharged in the manner referred to in
        section 47(1)(a), (b) or (c); or

   (c)  a civil forfeiture order is discharged in the manner referred to in
        section 48(1)(a)-

any person who claims to have had an interest in the property immediately
before it was forfeited may apply in writing to the Minister for the transfer
of the interest to the person.

(2) If a court makes an exclusion order under section 50(1), 52(1) or 54(1) in
respect of an interest in property, the applicant for the exclusion order may
apply in writing to the Minister for the transfer of the interest to the
person.

(3) On receipt of an application under subsection (1) or (2), the Minister may
transfer the interest to the applicant if satisfied that-

   (a)  the interest was vested in the applicant immediately before the
        forfeiture; and

   (b)  the interest is still vested in the Minister; and





   (c)  there is no reason why the interest should not be transferred to the
        applicant.

(4) The transfer of an interest to a person under this section may, if the
Minister thinks fit, be conditional on the payment, within 6 months after
notice of the condition is given to the applicant, of any amount referred to
in section 14(4) or 45 paid to the person in relation to that forfeiture
order.

(5) If a person fails to make a payment referred to in subsection (4) within 6
months after receiving notice of the condition, the Minister must not transfer
the interest to the person but subsection (6) applies as if the interest were
no longer vested in the Minister.

(6) If a person applies under subsection (1) or (2) in respect of an interest
in property, which is no longer vested in the Minister and the Minister is
satisfied that the interest was vested in the applicant immediately before the
forfeiture-

   (a)  if an order has not been made under section 50(2), 52(2) or 54(2), the
        Minister may make a declaration of the value (as at the time of making
        the declaration) of the interest; and

   (b)  there is payable to the applicant an amount equal to the value
        determined by the court or declared under paragraph (a) less any
        amount referred to in section 14(4) or 45 paid to the person in
        relation to that forfeiture order.

(7) An amount payable under subsection (6) must be notified to the person in
writing and paid within 6 months after the notice is given.

(8) If the Minister is required by this section to arrange for property to be
transferred to a person, the Minister or a prescribed person authorised by the
Minister for the purposes of this subsection has power to do, or authorise the
doing of, anything necessary or convenient to effect the transfer, including,
but not limited to, the execution of any instrument and the making of an
application for registration of an interest in the property on any appropriate
register.

(9) If the Minister determines under this section not to transfer an interest
to an applicant in whom the interest was vested immediately before the
forfeiture, there is payable to the applicant-

   (a)  the amount determined by the court under section 50(2), 52(2) or
        54(2); or

   (b)  if no such determination has been made, an amount equal to the value
        of the interest as determined by the Minister-

less any amount referred to in section 14(4) or 45 paid to the applicant in
relation to that forfeiture order.

(10) A determination or purported determination of the Minister under this
section is not liable to be challenged, appealed against, reviewed, quashed or
called in question in any court or tribunal on any account.