Victorian Numbered Regulations

CONFISCATION (AMENDMENT) REGULATIONS 2004 (SR NO 57 OF 2004) - REG 19

For Schedule 1 to the Principal Regulations substitute —

"SCHEDULE 1

NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS

(Section 19A)

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

( Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages. )

To: ( insert name and address )

WHY YOU HAVE RECEIVED THIS NOTICE

A court has made a restraining order in respect of certain property under the Confiscation Act 1997 . A copy of the restraining order should be attached to this notice. The restraining order describes the property that has been restrained.

You have received this notice because the person who applied for the restraining order believes that you have an interest in some or all of the property described in the restraining order.

WHAT YOU MUST DO

You must make a declaration in writing. You may use the attached form to make your declaration.

The declaration must state—
r. 19

              •     whether or not you have an interest in the property described in the restraining order; and

              •     whether or not you believe that any other person has an interest in the property described in the restraining order.

If you believe that any other person has an interest in the property described in the restraining order, you must state the name of every such person in the declaration.

You must give the declaration to a member of the police force within 14 days after you were given this notice.

An interest in property includes a right, power or privilege over the property.

Address for delivery of declaration:

WARNING

If you fail, without reasonable excuse, to make a declaration and give the declaration to a member of the police force within 14 days, you may be charged with a criminal offence and prosecuted under section 19C(1) of the Confiscation Act 1997 . If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 19C(2) of the Confiscation Act 1997 . If you are found guilty of either of these offences, you may be liable to a maximum penalty of $6000.

A statement made by you in a declaration of property interests is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997 , but is not otherwise admissible in evidence against you.

ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS I ( insert full name ) of ( address ) declare that— o     I have an interest in property described in the restraining order which I have been given; or o     I do not have an interest in property described in the restraining order which I have been given; and o     I believe that the person named below has an interest in the property described in the restraining order which I have been given; or o     I do not believe that any other person has an interest in the property described in the restraining order which I have been given. Name of person(s) with an interest in restrained property— ( insert name(s) ) Signature     Signature of witness* Date     * Declaration may be witnessed by any adult.

r. 19

__________________