Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 33

Examination of persons through whose hands property has passed

33. Examination of persons through whose hands property has passed



(1) In any proceedings under any of the provisions of sections 26 to 32 (both
inclusive) in which any person is required-

   (a)  to give a satisfactory account as to how he came by any property;

   (b)  to satisfy the court that he lawfully came by any property; or

   (c)  to satisfy the court that any property was on his premises without his
        knowledge or assent-

if on the hearing of the charge-

   (i)  the defendant declares that he received the property from any other
        person; or

   (ii) it appears to the court that the property has passed through the hands
        or possession of any other person or has been in the possession of any
        other person or on his premises with his knowledge or assent- the
        court may in its discretion by warrant or summons cause every such
        other person to be brought before it to give an account of the
        property.

(2) If it appears by the admission of any person so brought before the
Magistrates' Court or by proof on oath-

   (a)  that such last-mentioned person had possession of the property; or

   (b)  that the property was on his premises-

and if such person-

   (i)  does not give a satisfactory account as to how he came by the
        property; or

   (ii) does not satisfy the court that he lawfully came by the property or
        that the property was on his premises without his knowledge or assent-
        he shall be liable to the punishment specified in the sections
        respectively under which the proceedings are taken.

(3) If a person has been convicted of an offence under any of the provisions
of sections 26 to 32 in relation to any property, the informant, the Director
of Public Prosecutions or any person who claims an interest in the property
may, at the time the conviction is made or at any later time, apply to the
Magistrates' Court for an order in relation to the property.

(4) The Magistrates' Court may, on an application under subsection (3), make
such orders in relation to the property to which the application relates as it
considers just.





(5) Examples of the kind of order that the Magistrates' Court may make under
subsection (4) are:

   (a)  If the property is not money, an order that the property be sold;

   (b)  An order that the property, if money or converted into money, be paid
        into the Consolidated Fund;

   (c)  An order declaring the nature, extent and value (as at the time of
        making the order) of the interest of a person specified in the order
        in the property and directing that the whole or any part of the
        property (including money into which the property has been converted)
        be transferred to that person;

   (d)  An order directing that a person specified in the order retain the
        whole or any part of the property (including money into which the
        property has been converted) for a period specified in the order.

(6) The applicant for an order under subsection (4) must give notice of the
application in the manner prescribed by rules of court to each other person
whom the applicant has reason to believe could have applied for the order.

(7) The Magistrates' Court may, at any time before the final determination of
an application under subsection (3), direct the applicant to give or publish
notice of the application to such persons, in such manner and within such time
as the Court thinks fit.

(8) The Magistrates' Court has power to give all directions that are necessary
to give effect to an order made by it under subsection (4).