Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 70

Declaration that property available to satisfy order

70. Declaration that property available to satisfy order



(1) On application by the DPP, a prescribed person or a person belonging to a
prescribed class of persons or an appropriate officer, a court may, if in its
opinion particular property in respect of which a restraining order has been
made-

   (a)  was subject to the effective control of the defendant on the earlier
        of the date that the defendant was charged with the offence for which
        the defendant was convicted or the date when the restraining order was
        made; or

   (b)  was the subject of a gift from the defendant to another person-

make an order declaring that the whole, or a specified part, of that property
is available to satisfy a pecuniary penalty order.

(2) If a court declares that property is available to satisfy a pecuniary
penalty order, the order may be enforced as if the property were property of
the defendant.



(3) An applicant under subsection (1) must give written notice of the
application-

   (a)  to the person against whom the order is sought; and

   (b)  to the defendant; and

   (c)  to any other person to whom the court directs that notice be given;
        and

   (d)  to any other person whom the applicant has reason to believe has an
        interest in the property.

(4) Any person notified under subsection (3) and any other person who claims
an interest in the property are entitled to appear and to give evidence at the
hearing of the application but the absence of a person does not prevent the
court from making an order under this section.