{"id":"confiscation-act-1997","name":"Confiscation Act 1997","slug":"confiscation-act-1997","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173614,"registerId":"vic-confiscation-act-1997-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"40F","sectionType":"section","heading":"Application for unexplained wealth restraining order 160","content":"40F Application for unexplained wealth restraining order 160\n\n","sortOrder":0},{"sectionNumber":"40G","sectionType":"section","heading":"Property lawfully acquired 163","content":"40G Property lawfully acquired 163\n\n40GA Benefits lawfully derived 165\n\n40GB Services and advantages lawfully obtained 166\n\n","sortOrder":1},{"sectionNumber":"40H","sectionType":"section","heading":"Procedure on application for unexplained wealth restraining order 168","content":"40H Procedure on application for unexplained wealth restraining order 168\n\n","sortOrder":2},{"sectionNumber":"40I","sectionType":"section","heading":"Determination of application under section 40F(1) or (2) for unexplained wealth restraining order 170","content":"40I Determination of application under section 40F(1) or (2) for unexplained wealth restraining order 170\n\n40IA Determination of application under section 40F(2A) for unexplained wealth restraining order 172\n\n40J Notice of unexplained wealth restraining order to be given to persons affected 173\n\n40K Notice requiring declaration of interests in restrained property 174\n\n40L What must be included in a declaration of interests in restrained property? 174\n\n40M Notice to person suspected of engaging in serious criminal activity 175\n\n40N What must be included in a declaration by an owner of property? 176\n\n40O Offences 178\n\n40P Court directions to provide information 178\n\n40Q Admissibility of statement 179\n\n40R Application for exclusion from unexplained wealth restraining order 180\n\n40S Determination of application for exclusion from unexplained wealth restraining order 183\n\n40T Evidentiary requirements for exclusion order 184\n\n40U Application for substitution order 184\n\n40V Determination of application for substitution order 185\n\n40W Further orders 187\n\n40X Setting aside of unexplained wealth restraining order 191\n\n40XA Unexplained wealth restraining order under section 40IA ceases to be in force 191\n\n40Y Registration of unexplained wealth restraining order 191\n\n40Z Contravention of unexplained wealth restraining order 192\n\nDivision 1A—Unexplained wealth order 193\n\n40ZAA Application for unexplained wealth order 193\n\n40ZAAB Determination of application for unexplained wealth order 194\n\n40ZAAC Assessment of unexplained wealth 196\n\n40ZAAD Evidentiary requirements for respondent to unexplained wealth order 198\n\n40ZAAE Privilege against self-incrimination 199\n\n40ZAAF Unexplained wealth order debt due to Crown 199\n\n40ZAAG Payment of amount payable under unexplained wealth order 199\n\n40ZAAH Consent order relating to forfeiture of property 200\n\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Forfeiture of unexplained wealth 201","content":"Division 2—Forfeiture of unexplained wealth 201\n\n40ZA Forfeiture of unexplained wealth—serious criminal activity or property not lawfully acquired 201\n\n40ZAB Property may be forfeited to satisfy unexplained wealth order 202\n\n40ZB Declaration that property has been forfeited 203\n\n40ZC Application for exclusion from unexplained wealth forfeiture 203\n\n40ZD Determination of application for exclusion from unexplained wealth forfeiture 207\n\nPart 5—Effect of forfeiture 208\n\n41 Effect of forfeiture 208\n\n42 Power to discharge mortgage or charge 210\n\n43 Court may give directions 210\n\n44 Disposal of forfeited property 211\n\n44A Certificate of disposal 215\n\n45 Relief from undue hardship 215\n\n45A Relief from automatic forfeiture of property of serious drug offender 216\n\n45B Relief from unexplained wealth forfeiture 219\n\n45BA Relief from debt imposed under unexplained wealth order 220\n\n46 Discharge of forfeiture order 221\n\n47 Discharge of automatic forfeiture in respect of an interest 222\n\n48 Discharge of civil forfeiture order 224\n\n48A Discharge of unexplained wealth forfeiture in respect of an interest 224\n\nPart 6—Exclusion orders 226\n\n49 Application for exclusion from forfeiture order 226\n\n50 Determination of exclusion application—forfeiture order 227\n\n51 Application for exclusion from automatic forfeiture 229\n\n52 Determination of exclusion application—automatic forfeiture 231\n\n53 Application for exclusion from automatic forfeiture of property of serious drug offender 232\n\n54 Determination of application from exclusion from automatic forfeiture of property of serious drug offender 234\n\nPart 7—Return of property 237\n\n55 Application to Minister for return of property or payment of value 237\n\n56 Person with interest in forfeited property may buy back interest 240\n\n57 Buying out other interests in forfeited property 241\n\nPart 8—Pecuniary penalty orders 244\n\nDivision 1—Pecuniary penalty orders following conviction 244\n\n58 Application for pecuniary penalty order 244\n\n59 Determination of application for pecuniary penalty order 246\n\n60 Consent orders 247\n\n61 Pecuniary penalty order does not prevent forfeiture 248\n\n62 Discharge of pecuniary penalty order 248\n\nDivision 3—General 250\n\n67 Assessment of benefits 250\n\n68 Assessment of benefits in relation to Schedule 2 offences 252\n\n69 Variation of pecuniary penalty order after successful appeal against restitution or compensation order 254\n\n69A Variation of pecuniary penalty order after subsequent forfeiture 255\n\n70 Declaration that property available to satisfy order 256\n\n71 Court may give directions 257\n\n72 Charge on property subject to restraining order or declaration 257\n\n73 Disposal of property obtained to satisfy pecuniary penalty order 260\n\n73A Notice of intention to sell charged land 261\n\n73B Power of sale 262\n\n73C Sale to be treated as sale by mortgagee 263\n\n73D Powers of Registrar of Titles 263\n\n74 Pecuniary penalty order debt due to Crown 263\n\nPart 9—Powers of trustee 264\n\n75 Liability under forfeiture or pecuniary penalty order to be satisfied by trustee 264\n\n76 Provisions concerning the trustee 265\n\nPart 10—Disposal orders 269\n\n77 Application for disposal order 269\n\n78 Disposal orders 271\n\nPart 10A—Property management 273\n\n78A Memorandum of understanding 273\n\n78B Certificate of responsibility and power 274\n\nPart 11—Search warrants 275\n\n79 Search warrants 275\n\n79A Seizure warrants—public places 276\n\n80 Application for warrant 277\n\n80A Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge 278\n\n80B Power to require assistance from person with certain knowledge 281\n\n80C Offence to fail to comply with order requiring assistance 285\n\n81 Warrant may be granted by telephone 286\n\n82 Record of proceedings for warrant 288\n\n83 Notice to occupier of premises entered under search warrant 289\n\n84 Duty to show search warrant 290\n\n84A Duty to show seizure warrant 290\n\n85 Use of force 290\n\n86 Use of assistants to execute warrant 291\n\n87 Application of Magistrates' Court Act 1989 291\n\n88 Expiry of warrant 291\n\n88A Notice of execution of seizure warrant 292\n\n89 Report on execution of warrant etc. 292\n\n90 Absence etc. of magistrate or judge who issued warrant 293\n\n91 Defects in warrants 293\n\n92 Seizure of property under search warrant 294\n\n92A Seizure of digital asset under search warrant 295\n\n93 Embargo notice 296\n\n94 Search of persons under search warrant 297\n\n95 Obstruction or hindrance of person executing search warrant 298\n\n95A Application for property seized under search warrants under other Acts to be held or retained under this Act 298\n\n95B What must be in the application? 299\n\n95C Court may make declaration 300\n\n95D Notice of declaration 300\n\n95E Effect of declaration 301\n\n96 Disposal of livestock or perishable property 301\n\n97 Return of seized property 302\n\nPart 11A—Property management warrants 307\n\nDivision 1—Search and inspection warrants 307\n\n97A Application for search and inspection warrant 307\n\n97B Search and inspection warrant 308\n\n97C Record of proceedings for search and inspection warrant 309\n\n97D Announcement before entry 310\n\n97E Copy of search and inspection warrant to be given to occupier 310\n\n97F Use of assistants to execute search and inspection warrant 311\n\n97G Application of Magistrates' Court Act 1989 311\n\n97H Expiry of search and inspection warrant 311\n\n97I Report on execution of warrant etc. 312\n\n97J Copy of inventory to be given 313\n\n97K Defects in search and inspection warrant 313\n\n97L Obstruction or hindrance of person executing search and inspection warrant 313\n\nDivision 2—Search and seizure warrants 314\n\n97M Application for search and seizure warrant 314\n\n97N Search and seizure warrant 314\n\n97O Record of proceedings for search and seizure warrant 316\n\n97P Announcement before entry 316\n\n97Q Copy of search and seizure warrant to be given to occupier 316\n\n97R Use of assistants to execute search and seizure warrant 317\n\n97S Application of Magistrates' Court Act 1989 317\n\n97T Expiry of search and seizure warrant 317\n\n97U Report on execution of search and seizure warrant etc. 318\n\n97V Defects in search and seizure warrant 319\n\n97W Obstruction or hindrance of person executing search and seizure warrant 319\n\nPart 12—Examination orders 320\n\n98 Order for examination 320\n\n98A Examination notice 323\n\n99 Examination 323\n\nPart 13—Information gathering powers 326\n\nDivision 1—Production orders 326\n\n99A Definition 326\n\n100 Application for production order 326\n\n100A Application for production order—unexplained wealth 327\n\n101 Production orders 329\n\n102 Powers under production orders 333\n\n103 Expiry of production order 334\n\n104 Report on execution of production order etc. 334\n\n105 Absence etc. of magistrate or judge who made production order 335\n\n106 Effect of production orders on proceedings etc. 335\n\n107 Variation of production orders 336\n\n108 Failure to comply with production order 336\n\nDivision 2—Search powers 337\n\n109 Application for search warrant for property-tracking documents 337\n\n110 Search warrants 338\n\n111 Expiry of warrant 340\n\n112 Application of Magistrates' Court Act 1989 340\n\n113 Authority conferred by search warrant 340\n\n114 Search for documents with consent 341\n\nDivision 3—Monitoring orders 342\n\n115 Application for monitoring order 342\n\n116 Monitoring orders 343\n\n117 Failure to comply with monitoring order 345\n\n118 Existence and operation of monitoring order not to be disclosed 345\n\nDivision 3A—Information notices 348\n\n118A Definition 348\n\n118B Chief Commissioner of Police may authorise police to issue information notices 348\n\n118C Who can issue information notices? 348\n\n118D Issuing information notices—authorised police officer 349\n\n118E Issuing information notices—prescribed person 351\n\n118F Information notice to be signed and reasons recorded 353\n\n118G What can an information notice require? 353\n\n118H What must the information notice contain? 355\n\n118I How is an information notice given? 356\n\n118J Offence to fail to comply with information notice 356\n\n118K Offence to disclose existence of information notice 356\n\n118L Immunity from suit 359\n\n118M Giving of information notice to be disregarded for certain purposes 359\n\nDivision 3B—Credit information 359\n\n118N Access to and use of information held by credit reporting bodies 359\n\nDivision 4—Reports of suspect transactions 361\n\n119 Reports of suspect transactions 361\n\nDivision 4A—Sharing of information 364\n\n119A Communication of information between law enforcement agencies 364\n\nDivision 5—Interstate offences 365\n\n120 Ministerial arrangements for transmission of documents or information 365\n\nDivision 6—Document requests 366\n\n120A Document request relating to maintenance and management of property 366\n\n120AB Document request relating to enforcement of pecuniary penalty order 367\n\n120AC Document request relating to enforcement of unexplained wealth order 367\n\n","sortOrder":4},{"sectionNumber":"120B","sectionType":"section","heading":"Document request 368","content":"120B Document request 368\n\n","sortOrder":5},{"sectionNumber":"120C","sectionType":"section","heading":"Offences 368","content":"120C Offences 368\n\n120CA Offence to disclose existence of document request 369\n\n120D Requested documents to be provided—Court order 371\n\n120E Return of documents 371\n\nPart 15—Interstate orders and warrants 373\n\n124 Definition 373\n\n125 Registration of interstate orders 373\n\n126 Effect of registration 374\n\n127 Duration of registration 375\n\n128 Cancellation of registration 375\n\n129 Charge on property subject to registered interstate restraining order 376\n\n130 Trustee may act as agent 376\n\n131 Interstate orders and search warrants 377\n\nPart 16—Miscellaneous 379\n\n132 Standard of proof 379\n\n133 Nature of proceedings 379\n\n133A Costs 379\n\n134 Crime Prevention and Victims' Aid Fund 382\n\n134A Payment of money realised into Consolidated Fund 383\n\n134B Payment to other jurisdictions under equitable sharing program 383\n\n135 Conversion costs 385\n\n136 Duty not payable 385\n\n137 Service of documents 385\n\n138 Maximum fine for body corporate 388\n\n139 Law enforcement agency to provide information to Minister 388\n\n139A Reports to the Minister 388\n\n140 Secrecy 390\n\n141 Court may hear applications at same time 391\n\n141A Arrangements to avoid operation of Act 392\n\n142 Appeals 394\n\n143 Provision of legal aid 397\n\n143A Delegation 399\n\n144 Operation of other laws not affected 399\n\n144A Validation 399\n\n145 Supreme Court—limitation of jurisdiction 400\n\n146 Regulations 400\n\n147 Rules of court 401\n\n148 Review of introduction of new unexplained wealth pathway by Confiscation Amendment (Unexplained Wealth) Act 2024 401\n\nPart 18—Consequential amendments and transitional provisions 403\n\n157 Transitional provisions—Enactment of Confiscation Act 1997 403\n\n158 Confiscation (Amendment) Act 2003—definition of *tainted property* transitional provision 407\n\n159 Confiscation (Amendment) Act 2003—declaration of property interests transitional provision 407\n\n160 Confiscation (Amendment) Act 2003—freezing orders transitional provision 407\n\n161 Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions 407\n\n162 Confiscation (Amendment) Act 2003—disposal orders transitional provision 408\n\n163 Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision 408\n\n164 Confiscation (Amendment) Act 2003—examination orders transitional provision 408\n\n165 Confiscation (Amendment) Act 2003—document requests transitional provisions 408\n\n166 Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions 409\n\n167 Confiscation (Amendment) Act 2003—Schedule 2—drug trafficking offences transitional provisions 409\n\n168 Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions 410\n\n169 Confiscation (Amendment) Act 2003—Schedule 2—money laundering transitional provisions 411\n\n170 Confiscation (Amendment) Act 2003—Schedule 2—attempts transitional provisions 411\n\n171 Confiscation (Amendment) Act 2003—Schedule 2—common law offences transitional provisions 412\n\n172 Interpretation of Legislation Act 1984 413\n\n173 Transitional—Crimes (Money Laundering) Act 2003 413\n\n174 Transitional—Major Crime Legislation (Seizure of Assets) Act 2004 414\n\n175 Transitional—Justice Legislation (Further Amendment) Act 2006 414\n\n176 Validation of certain exclusion orders—Confiscation Amendment Act 2007 415\n\n177 Existing applications for exclusion orders—Confiscation Amendment Act 2007 417\n\n178 Sufficient consideration—Confiscation Amendment Act 2007 419\n\n179 Transitional—Confiscation Amendment Act 2010 419\n\n180 Regulations dealing with transitional matters 423\n\n181 Confiscation Amendment Act 2010—proceedings for civil forfeiture generally 424\n\n182 Confiscation Amendment Act 2010—*tainted property* and *derived property* 426\n\n183 Confiscation Amendment Act 2010—freezing orders 427\n\n184 Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984 428\n\n185 Sex Work and Other Acts Amendment Act 2011—Schedule 1 offences transitional provision 428\n\n186 Sex Work and Other Acts Amendment Act 2011—Schedule 2 offences transitional provision 428\n\n187 Transitional—Independent Broad-based Anti-corruption Commission Act 2011 429\n\n188 Transitional—Criminal Organisations Control and Other Acts Amendment Act 2014 430\n\n189 Transitional—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014 430\n\n190 Transitional—Confiscation and Other Matters Amendment Act 2016 431\n\n191 Transitional provision—Crimes Amendment (Sexual Offences) Act 2016 432\n\n192 Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019 432\n\n193 Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019 433\n\n194 Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022 433\n\nSchedules 438\n\n","sortOrder":6},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Offences—Forfeiture on court order 438","content":"Schedule 1—Offences—Forfeiture on court order 438\n\n","sortOrder":7},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Offences—Automatic forfeiture and civil forfeiture 452","content":"Schedule 2—Offences—Automatic forfeiture and civil forfeiture 452\n\nEndnotes 468\n\n1 General information 468\n\n2 Table of Amendments 470\n\n3 Explanatory details 479\n\n**Version No.** **100**\n\n**Confiscation Act 1997**\n\n**No. 108 of 1997**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":8},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":9},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to provide for the forfeiture of the proceeds of certain offences, whatever the form into which they have been converted;\n\n(b) to provide for the automatic forfeiture of restrained property of persons convicted of certain offences in certain circumstances;\n\nS. 1(c) substituted by No. 87/2004 s. 4, amended by No. 68/2010 s. 34.\n\n(c) to provide for the civil forfeiture by the Supreme Court or the County Court of property restrained on suspicion that it is tainted property in relation to a Schedule 2 offence;\n\n(d) to provide for the forfeiture of property used in connection with the commission of certain offences;\n\nS. 1(da) inserted by No. 79/2014 s. 3.\n\n(da) to provide for the forfeiture of property of a person who is unable to satisfy a court that the property was lawfully acquired;\n\nS. 1(db) inserted by No. 26/2024 s. 3.\n\n(db) to provide for the imposition of a debt to the State on, and for the forfeiture of property of, a person who is unable to satisfy a court that their wealth was lawfully acquired;\n\n(e) to provide for the freezing of assets;\n\n(f) to provide for the destruction or disposal of certain illegal goods;\n\n(g) to provide for the effective enforcement of this Act and the management of seized and restrained assets;\n\n(h) to preserve assets for the purpose of restitution or compensation to victims of crime;\n\n(i) to amend the **Sentencing Act 1991** to provide for the sentencing of continuing criminal enterprise offenders;\n\n(j) to repeal the **Crimes (Confiscation of Profits) Act 1986**;\n\n(k) to make consequential amendments to certain other Acts.\n\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Part comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day.\n\nS. 3 amended by No. 63/2003 s. 5(2) (ILA s. 39B(1)).\n\n","sortOrder":11},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *access* inserted by No. 44/2022 s. 10.\n\n***access***, in relation to data held in a computer, means—\n\n(a) the display of the data by the computer or any other output of the data from the computer; or\n\n(b) the copying or moving of the data to any other place in the computer or to a data storage device; or\n\n(c) in the case of a program, the execution of the program;\n\nS. 3(1) def. of *account* substituted by No. 27/2016 s. 3(1), amended by No. 44/2022 s. 3(1).\n\n***account*** means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes the following—\n\n(a) a facility or arrangement for—\n\n(i) a fixed term deposit; or\n\n(ii) a safety deposit box;\n\n(b) a credit card account;\n\n(c) a loan account (other than a credit card account);\n\n(d) an account held in the form of units in—\n\n(i) a cash management trust; or\n\n(ii) a trust of a kind prescribed by the regulations;\n\n(e) a digital wallet, digital profile or any other facility or arrangement provided by a financial institution for the storing, buying, selling or exchanging of digital assets or claims to digital assets;\n\nS. 3(1) def. of *accused* inserted by No. 68/2009 s. 97(Sch. item 23.1).\n\n***accused***, in relation to an offence, means the person who—\n\n(a) has been or will be charged with the offence; or\n\n(b) has been convicted of the offence—\n\nand in respect of whom an application is made under this Act;\n\nS. 3(1) def. of *appeal period* amended by No. 68/2009 s. 97(Sch. item 23.2).\n\n***appeal period***, in relation to the conviction of an accused of an offence, means the period ending—\n\n(a) if the period provided for the lodging of an appeal against the conviction has ended without such an appeal having been lodged, at the end of that period; or\n\n(b) if an appeal against the conviction has been lodged, when the appeal is abandoned or finally determined;\n\n***appropriate officer*** means—\n\n(a) in the case of an application to the Magistrates' Court or the Children's Court—the Chief Commissioner of Police; or\n\n(b) in the case of an application that is prescribed by the regulations for the purposes of this paragraph or is of a class of applications that is so prescribed—a person so prescribed or a person belonging to a class of persons so prescribed;\n\nS. 3(1) def. of *AUSTRAC CEO* inserted by No. 68/2010 s. 4(1).\n\n***AUSTRAC CEO*** means the Chief Executive Officer of the Australian Transaction Reports and Analysis Centre continued in existence by section 209 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;\n\nS. 3(1) def. of *automatic forfeiture* amended by Nos 87/2004 s. 5(a), 55/2014 s. 17(a).\n\n***automatic forfeiture*** means—\n\n(a) forfeiture under section 35; or\n\n(ab) forfeiture under section 36GA; or\n\n(b) the making of a pecuniary penalty order on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence;\n\nS. 3(1) def. of *automatic forfeiture offence* substituted by No. 63/2003 s. 4(1), amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b).\n\nS. 3(1) def. of *automatic forfeiture quantity* inserted by No. 63/2003 s. 5(1).\n\n***automatic forfeiture quantity*** has the same meaning as it has in the **Drugs, Poisons and Controlled Substances Act 1981**;\n\nS. 3(1) def. of *bank* amended by No. 11/2001 s. 3(Sch. item 13).\n\n***bank*** means—\n\n(a) the Reserve Bank of Australia; or\n\n(b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;\n\n(c) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth;\n\n***building society*** means a society registered or incorporated as a building society, co‑operative housing society or similar society under an Act or the laws of another State or a Territory;\n\nS. 3(1) def. of *business day* inserted by No. 68/2010 s. 4(2).\n\n***business day*** means a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**;\n\n***cash dealer*** has the same meaning as in the Financial Transaction Reports Act 1988 of the Commonwealth;\n\nS. 3(1) def. of *civil forfeiture* substituted by No. 68/2010 s. 35(2)(a).\n\n***civil forfeiture*** means forfeiture under, or in accordance with, Part 4;\n\nS. 3(1) def. of *civil forfeiture exclusion order* inserted by No. 68/2010 s. 35(1).\n\n***civil forfeiture exclusion order*** means—\n\n(a) a section 36V exclusion order; or\n\n(b) a section 40B exclusion order;\n\nS. 3(1) def. of *civil forfeiture offence* amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b).\n\nS. 3(1) def. of *civil forfeiture order* substituted by No. 68/2010 s. 35(2)(b).\n\n***civil forfeiture order*** means an order for forfeiture made under Division 2 of Part 4;\n\nS. 3(1) def. of *civil forfeiture restraining order* inserted by No. 68/2010 s. 35(1).\n\n***civil forfeiture restraining order*** means an order made under section 36M;\n\n***conversion costs*** means costs referred to in section 135;\n\n***corresponding law***, in relation to this Act or a provision of this Act, means a law of the Commonwealth or another State or a Territory that is declared by the regulations to be a law that corresponds to this Act or the provision;\n\n***court*** means Supreme Court or County Court or, subject to section 12, the Magistrates' Court or Children's Court, as the case requires;\n\n***credit union*** means a credit union or credit society carrying on business under an Act or the laws of another State or a Territory;\n\nS. 3(1) def. of *data* inserted by No. 44/2022 s. 10.\n\n***data*** includes—\n\n(a) information in any form; and\n\n(b) any program or part of a program;\n\nS. 3(1) def. of *data held in a computer* inserted by No. 44/2022 s. 10.\n\n***data held in a computer*** includes—\n\n(a) data entered or copied into the computer; and\n\n(b) data held in any removable data storage device for the time being in the computer; and\n\n(c) data held in a data storage device on a computer network of which the computer forms part;\n\nS. 3(1) def. of *data storage device* inserted by No. 44/2022 s. 10.\n\n***data storage device*** means any thing (for example, a disk, external hard drive or file server) containing or designed to contain data for use by a computer;\n\nS. 3(1) def. of *defendant* repealed by No. 68/2009 s. 97(Sch. item 23.3).\n\nS. 3(1) def. of *derived property* inserted by No. 42/2007 s. 4(1), amended by No. 68/2009 s. 97(Sch. item 23.4), substituted by No. 68/2010 s. 35(4), amended by No. 79/2014 s. 4(a).\n\n***derived property***—\n\n(a) in relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order or in relation to unexplained wealth forfeiture or an unexplained wealth restraining order, has the meaning given in section 7A; and\n\n(b) in any other case, has the meaning given in section 7B;\n\nS. 3(1) def. of *digital asset* inserted by No. 44/2022 s. 3(3).\n\n***digital asset*** means a digital representation of value, or contractual rights, that may be transferred, stored or traded electronically;\n\nS. 3(1) def. of *Director* repealed by No. 68/2010 s. 4(3).\n\n***disposal order*** means an order made under section 78;\n\nS. 3(1) def. of *document request* inserted by No. 63/2003 s. 5(1), substituted by No. 68/2010 s. 4(4).\n\n***document request*** means a request for documents made under Division 6 of Part 13;\n\nS. 3(1) def. of *domestic partner* inserted by No. 42/2007 s. 4(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 7.1).\n\n***domestic partner*** of a person  means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—\n\n(i) for fee or reward; or\n\n(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\n***DPP*** means Director of Public Prosecutions for Victoria;\n\n***encumbrance***, in relation to property, includes any interest, mortgage, charge, right, claim or demand which is or may be had, made or set up in, to, on or in respect of the property;\n\nS. 3(1) def. of *examination notice* inserted by No. 44/2022 s. 39.\n\n***examination notice*** means a notice given under section 98A(1);\n\n***examination order*** means an order made under Part 12;\n\nS. 3(1) def. of *exclusion order* amended by No. 68/2010 s. 35(3)(a).\n\n***exclusion order*** means an order made under section 21, 22, 50(1) or 52(1), but does not include a civil forfeiture exclusion order;\n\n***facsimile copy*** means a copy obtained by facsimile transmission;\n\nS. 3(1) def. of *financial institution* amended by Nos 63/2003 s. 4(a)(b), 79/2006 s. 86, 44/2022 s. 3(2).\n\n***financial institution*** means—\n\n(a) a bank; or\n\n(b) a building society; or\n\n(c) a credit union; or\n\n(d) a body corporate that is or, if it had been incorporated in Australia, would be, a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth; or\n\n(da) a provider of a registrable digital currency exchange service within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; or\n\n(e) a casino operator within the meaning of the **Casino Control Act 1991**; or\n\n(f) the holder of the wagering licence under Part 3 of Chapter 4 of the **Gambling Regulation Act 2003**; or\n\n(g) a prescribed entity or an entity of a prescribed class;\n\n***fixed term deposit*** means an interest bearing deposit lodged for a fixed period;\n\nS. 3(1) def. of *forfeiture offence* amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b).\n\n***forfeiture order*** means an order made under Division 1 of Part 3;\n\nS. 3(1) def. of *freezing order* inserted by No. 63/2003 s. 5(1).\n\n***freezing order*** means an order made under section 31F;\n\nS. 3(1) def. of *gift* amended by Nos 68/2009 s. 97(Sch. item 23.5), 68/2010 s. 35(6), 79/2014 s. 4(b).\n\n***gift***, in relation to property, includes a transfer for a consideration significantly less than the greater of—\n\n(a) the prevailing market value of the property; or\n\n(b) the consideration paid by the accused or, in relation to civil forfeiture or unexplained wealth forfeiture, the transferor of the property;\n\nS. 3(1) def. of *information notice* inserted by No. 63/2003 s. 5(1).\n\n***information notice*** means a notice issued under section 118D or 118E;\n\n***interest***, in relation to property, means—\n\n(b) a right, power or privilege over, or in connection with, the property;\n\n***interstate forfeiture order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\n\n***interstate offence*** means an offence against the laws of the Commonwealth or another State or a Territory, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of the Commonwealth or that State or Territory;\n\n***interstate pecuniary penalty order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\n\n***interstate restraining order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\n\nS. 3(1) def. of *law enforcement agency* amended by Nos 63/2003 s. 4(3), 68/2010 s. 35(3)(b), 37/2014 s. 10(Sch. item 25.1(b)), 79/2014 s. 4(c), 44/2022 s. 55.\n\n***law enforcement agency*** means—\n\n(a) the DPP; or\n\n(b) Victoria Police; or\n\n(ba) any other prescribed authority, person or class of person responsible for the performance of functions or activities under this Act directed to—\n\n(i) the management of property seized under this Act or property in respect of which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order is made (other than a trustee); or\n\n(ii) the enforcement of this Act; or\n\n(iii) the enforcement of orders made under this Act; or\n\n(c) any other authority or person responsible for the investigation or prosecution of offences against the laws of—\n\n(i) Victoria or any other State; or\n\n(ii) the Commonwealth; or\n\n(iii) the Australian Capital Territory or the Northern Territory of Australia—\n\nthat is prescribed for the purposes of this definition;\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 17.1), amended by No. 17/2014 s. 160(Sch. 2 item 17).\n\n***legal practitioner*** means an Australian legal practitioner;\n\n***monitoring order*** means an order made under section 116;\n\nS. 3(1) def. of *occupier* inserted by No. 63/2003 s. 5(1).\n\n***occupier***,  in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more;\n\nS. 3(1) def. of *partly discharged* inserted by No. 27/2016 s. 4(2).\n\n***partly discharged***, in respect of a mortgage, means a payment has been made to reduce the liability under that mortgage, whether or not the reduction in liability is recorded on a register kept by a registration authority;\n\n***pecuniary penalty order*** means an order made under Part 8;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 25.1(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *premises* amended by No. 63/2003 s. 4(4).\n\n***premises*** includes vessel, aircraft, vehicle and any place (other than a public place), whether built upon or not;\n\n***proceeds***, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence;\n\n***production order*** means an order made under section 101;\n\n***property*** means real or personal property of every description, whether situated within or outside Victoria and whether tangible or intangible, and includes any interest in any such real or personal property;\n\nS. 3(1) def. of *property-tracking document* amended by No. 79/2014 s. 4(d).\n\n***property-tracking document*** means—\n\n(a) a document relevant to—\n\n(i) identifying, locating or quantifying property in which a person has an interest; or\n\n(ii) identifying or locating any document necessary for the transfer of property in which a person has an interest; or\n\n(b) a document relevant to—\n\n(i) identifying, locating or quantifying tainted property; or\n\n(ii) identifying or locating any document necessary for the transfer of tainted property; or\n\n(c) a document relevant to—\n\n(i) identifying, locating or quantifying property that has not been lawfully acquired; or\n\n(ii) identifying or locating any document necessary for the transfer of property that has not been lawfully acquired;\n\nS. 3(1) def. of *protected property* inserted by No. 55/2014 s. 17(c).\n\n***protected property*** has the meaning given by section 24(2);\n\n***relevant period*** means the period of 6 months, or any longer period that is fixed by the court before which the person was convicted on an application made by the DPP or an appropriate officer, as the case may be, on notice to that person during that period of 6 months, after—\n\n(a) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(a)—the day on which the person was convicted of the offence;\n\n(b) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(b)—the day on which the person was found guilty of the offence;\n\n(c) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(c)—the day on which the offence was taken into account;\n\n***reportable details***, in relation to a transaction, means the details of the transaction that are referred to in Schedule 4 to the Financial Transaction Reports Act 1988 of the Commonwealth;\n\nS. 3(1) def. of *reporting entity* inserted by No. 68/2010 s. 4(1).\n\n***reporting entity*** has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;\n\nS. 3(1) def. of *restrained property* inserted by No. 42/2007 s. 4(1), amended by Nos 68/2010 s. 35(3)(c), 79/2014 s. 4(e).\n\n***restrained property*** means property, including an interest in property, to which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order applies;\n\nS. 3(1) def. of *restraining order* amended by No. 55/2014 s. 17(b).\n\n***restraining order*** means an order made under section 18, including a serious drug offence restraining order;\n\nS. 3(1) def. of *Schedule 1 offence* inserted by No. 87/2004 s. 5(c).\n\n***Schedule 1 offence*** means an offence referred to in Schedule 1 and, in Parts 11 and 13, includes an interstate offence;\n\nS. 3(1) def. of *Schedule 2 offence* inserted by No. 87/2004 s. 5(c).\n\n***Schedule 2 offence*** means an offence referred to in Schedule 2 and—\n\n(a) if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances; and\n\n(b) in Parts 11 and 13, includes an interstate offence;\n\n***search warrant*** means (except in Division 2 of Part 13) a search warrant issued under Part 11 and in Division 2 of Part 13 means a search warrant issued under that Division;\n\nS. 3(1) def. of *Secretary* inserted by No. 63/2003 s. 5(1), amended by Nos 20/2015 s. 7, 26/2024 s. 4(1)(a).\n\n***Secretary*** means the Secretary to the Department of Justice and Community Safety;\n\nS. 3(1) def. of *section 36V exclusion order* inserted by No. 68/2010 s. 35(1).\n\n***section 36V exclusion order*** means an order made under section 36V excluding property or an interest in property from a civil forfeiture restraining order;\n\nS. 3(1) def. of *section 40B exclusion order* inserted by No. 68/2010 s. 35(1).\n\n***section 40B exclusion order*** means an order made under section 40B excluding property or an interest in property from a civil forfeiture order;\n\nS. 3(1) def. of *section 40S exclusion order* inserted by No. 79/2014 s. 4(f).\n\n***section 40S exclusion order*** means an order made under section 40S excluding property or an interest in property from an unexplained wealth restraining order;\n\nS. 3(1) def. of *section 40ZD exclusion order* inserted by No. 79/2014 s. 4(f).\n\n***section 40ZD exclusion order*** means an order made under section 40ZD excluding property or an interest in property from an unexplained wealth forfeiture;\n\nS. 3(1) def. of *seizure warrant* inserted by No. 63/2003 s. 5(1).\n\n***seizure warrant*** means a warrant issued under section 79A;\n\nS. 3(1) def. of *serious criminal activity* inserted by No. 79/2014 s. 4(f).\n\n***serious criminal activity*** has the meaning given in section 7C;\n\nS. 3(1) def. of *serious drug offence* inserted by No. 55/2014 s. 17(c), amended by Nos 79/2014 s. 61(1), 3/2019 s. 20(1).\n\n***serious drug offence*** means an offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981** committed in the circumstances specified (if any)—\n\n(a) section 71 (trafficking in a drug or drugs of dependence—large commercial quantity);\n\n(ab) section 71AA(2) (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity);\n\n(b) section 72 (cultivation of narcotic plants—large commercial quantity);\n\n(c) section 79(1) or 80(3)(a) (conspiracy)—where the conspiracy is to commit an offence specified in paragraph (a), (ab) or (b);\n\n(d) section 80(1) (inciting)—where the offence that is incited is an offence specified in paragraph (a), (ab) or (b);\n\n(e) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria)—where the offence that is aided, abetted, counselled or procured is an offence that, if committed in Victoria, would be an offence specified in paragraph (a), (ab) or (b);\n\nS. 3(1) def. of *serious drug offence restraining order* inserted by No. 55/2014 s. 17(c).\n\n***serious drug offence restraining order*** means a restraining order made under section 18 for the purpose referred to in section 15(1)(c);\n\nS. 3(1) def. of *serious drug offender* inserted by No. 55/2014 s. 17(c).\n\n***serious drug offender*** means a person declared under section 89DI of the **Sentencing Act 1991** to be a serious drug offender;\n\nS. 3(1) def. of *spouse* inserted by No. 42/2007 s. 4(1).\n\n***spouse*** of a person means a person to whom that person is married;\n\nS. 3(1) def. of *sufficient consideration* inserted by No. 42/2007 s. 4(3).\n\n***sufficient consideration***, in relation to property, means consideration that reflects the market value of the property and does not include—\n\n(a) consideration arising from the fact of a family relationship between the transferor and transferee;\n\n(b) if the transferor is the spouse or domestic partner of the transferee, the making of a deed in favour of the transferee;\n\n(c) a promise by the transferee to become the spouse or domestic partner of the transferor;\n\n(d) consideration arising from love and affection;\n\n(e) transfer by way of gift;\n\nS. 3(1) def. of *tainted property* amended by Nos 63/2003 s. 4(5)(a)(b), 104/2003 s. 5(3), 42/2007 s. 4(2), 68/2009 s. 97(Sch. item 23.6), substituted by No. 68/2010 s. 35(5), amended by Nos 55/2014 s. 3, 27/2016 s. 4(1), 38/2017 s. 76.\n\n***tainted property*** means—\n\n(a) in the case of civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, property that—\n\n(i) was used, or was intended to be used in, or in connection with, the commission of one or more Schedule 2 offences; or\n\n(ii) was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or\n\n(iii) was derived or realised, or substantially derived or realised, directly or indirectly, from the commission of one or more Schedule 2 offences; or\n\n(iiia) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or\n\n(iv) is likely to be used, or intended to be used in, or in connection with, the future commission of one or more Schedule 2 offences; or\n\n(b) in any other case, property that, in relation to an offence—\n\n(i) was used, or was intended by the accused to be used in, or in connection with, the commission of the offence; or\n\n(ii) was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or\n\n(iii) was derived or realised, or substantially derived or realised, directly or indirectly, by any person from the commission of the offence; or\n\n(iv) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or\n\n(c) in a case specified in either paragraph (a) or paragraph (b), property that—\n\n(i) in the case of an offence against section 194 of the **Crimes Act 1958**, is proceeds of crime within the meaning of section 193 of that Act; or\n\n(ii) in the case of an offence against section 195 of the **Crimes Act 1958**, is referred to in that section; or\n\n(iii) in the case of an offence against section 195A of the **Crimes Act 1958**, becomes an instrument of crime within the meaning of section 193 of that Act;\n\nS. 3(1) def. of *trustee* amended by No. 44/2001 s. 3(Sch. item 21.1).\n\n***trustee*** means—\n\n(a) a trustee company within the meaning of the **Trustee Companies Act 1984**;\n\n(b) an official liquidator within the meaning of the Corporations Act;\n\nS. 3(1) def. of *unexplained wealth forfeiture* inserted by No. 79/2014 s. 4(f), amended by No. 26/2024 s. 4(1)(b).\n\n***unexplained wealth forfeiture*** means forfeiture under section 40ZA or 40ZAB;\n\nS. 3(1) def. of *unexplained wealth forfeiture exclusion order* inserted by No. 79/2014 s. 4(f).\n\n***unexplained wealth forfeiture exclusion order*** means—\n\n(a) a section 40S exclusion order; or\n\n(b) a section 40ZD exclusion order;\n\nS. 3(1) def. of *unexplained wealth order* inserted by No. 26/2024 s. 4(1)(c).\n\n***unexplained wealth order*** means an order made under section 40ZAAB(3)(a) or (b);\n\nS. 3(1) def. of *unexplained wealth restraining order* inserted by No. 79/2014 s. 4(f), amended by No. 26/2024 s. 4(1)(d).\n\n***unexplained wealth restraining order*** means an order under section 40I or 40IA;\n\nS. 3(1) def. of *unlawful activity* amended by No. 43/1998  \ns. 7.\n\n***unlawful activity*** means an act or omission that constitutes an offence against a law in force in the Commonwealth, Victoria or another State, a Territory or a foreign country punishable by imprisonment;\n\n***Victoria Legal Aid*** means Victoria Legal Aid established under the **Legal Aid Act 1978**.\n\nS. 3(2) inserted by No. 63/2003 s. 5(2), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 38), 20/2015 s. 7, 26/2024 s. 4(2).\n\n(2) If under the **Public Administration Act 2004** the name of the Department of Justice and Community Safety is changed, the reference in subsection (1) in the definition of ***Secretary*** to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.\n\nS. 3(3) inserted by No. 42/2007 s. 4(4), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 7.2).\n\n(3) For the  purposes of the definition of ***domestic partner*** in subsection  (1)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and\n\n(c) a person is not a domestic partner of another person only because they are co-tenants.\n\nS. 3(4) inserted by No. 27/2016 s. 3(2).\n\n(4) For the purposes of the definition of ***account*** in subsection (1), it is immaterial whether—\n\n(a) an account is closed; or\n\n(b) an account has a nil balance; or\n\n(c) any transactions have been allowed in relation to an account.\n\nS. 3A inserted by No. 68/2010 s. 5.\n\n","sortOrder":12},{"sectionNumber":"3A","sectionType":"section","heading":"Objects","content":"\t3A Objects\n\nThe main objects of this Act are—\n\n(a) to deprive persons of the proceeds of certain offences and of tainted property; and\n\n(b) to deter persons from engaging in criminal activity; and\n\nS. 3A(c) amended by No. 79/2014 s. 5(a).\n\n(c) to disrupt criminal activity by preventing the use of tainted property in further criminal activity; and\n\nS. 3A(d) inserted by No. 79/2014 s. 5(b), amended by No. 26/2024 s. 5(1).\n\n(d) to undermine the profitability of serious criminal activity; and\n\nS. 3A(e) inserted by No. 26/2024 s. 5(2).\n\n(e) to disrupt criminal activity by preventing the use of wealth that is not lawfully acquired in further criminal activity; and\n\nS. 3A(f) inserted by No. 26/2024 s. 5(2).\n\n(f) to prevent the use and enjoyment of wealth that is not lawfully acquired.\n\n","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *conviction*","content":"\t4 Meaning of *conviction*\n\n(1) For the purposes of this Act, a person is deemed to have been convicted of an offence if—\n\n(a) the person has been convicted of the offence; or\n\n(b) the person has been charged with the offence and the court hearing the charge finds the person guilty of the offence but does not record a conviction; or\n\n(c) the offence was taken into account by a court under section 100 of the **Sentencing Act 1991** in sentencing the person for another offence; or\n\n(d) the person has been charged with the offence but, before the charge is finally determined, the person absconds.\n\n(2) For the purposes of this Act, a person who, because of subsection (1), is deemed to have been convicted of an offence, is deemed to have committed that offence.\n\n","sortOrder":14},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of *absconds*","content":"\t5 Meaning of *absconds*\n\nFor the purposes of this Act, a person is deemed to abscond if—\n\n(a) the person is charged with an offence but dies without the charge having been determined; or\n\n(b) the person is charged with an offence, a warrant to arrest the person is issued in relation to that charge and one of the following occurs—\n\n(i) the person dies without the warrant being executed; or\n\n(ii) at the end of the period of 6 months commencing on the day on which the warrant is issued—\n\n(A) the person cannot be found; or\n\n(B) the person is, for any other reason, not amenable to justice and, if the person is outside Victoria, extradition proceedings are not on foot; or\n\n(iii) at the end of the period of 6 months commencing on the day on which the warrant is issued—\n\n(A) the person is, by reason of being outside Victoria, not amenable to justice; and\n\n(B) extradition proceedings are on foot—\n\nand subsequently those proceedings terminate without an order for the person's extradition being made—\n\nand either—\n\n(c) the person was committed for trial for the offence; or\n\nS. 5(d) substituted by No. 44/2022 s. 56.\n\n(d) a court makes an order that the evidence is of sufficient weight to prove the offence beyond reasonable doubt.\n\nS. 6 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.7).\n\nS. 6 amended by No. 68/2009 s. 97(Sch. item 23.8(a)).\n\n","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of *setting aside a conviction*","content":"\t6 Meaning of *setting aside a conviction*\n\nFor the purposes of this Act, a conviction is deemed to have been set aside—\n\nS. 6(a) amended by No. 68/2009 s. 97(Sch. item 23.8(b)).\n\n(a) where the person is deemed to have been convicted by reason of section 4(1)(a)—if the conviction is set aside or a free pardon is granted by the Governor; or\n\nS. 6(b) amended by No. 68/2009 s. 97(Sch. item 23.8(b)).\n\n(b) where the person is deemed to have been convicted by reason of section 4(1)(b)—if the finding of guilt is set aside; or\n\nS. 6(c) amended by No. 68/2009 s. 97(Sch. item 23.8(b)).\n\n(c) where the person is deemed to have been convicted by reason of section 4(1)(c)—if the decision of the court to take the offence into account is set aside.\n\n","sortOrder":16},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of *charged with an offence*","content":"\t7 Meaning of *charged with an offence*\n\n(1) For the purposes of this Act, a person is deemed to have been charged with an offence if—\n\nS. 7(1)(a) substituted by No. 68/2009 s. 97(Sch. item 23.9).\n\n(a) an indictment has been filed against the person for the offence; or\n\n(b) a charge has been filed against the person for the offence—\n\nwhether or not—\n\n(i) a summons to answer to the charge; or\n\n(ii) a warrant to arrest the person—\n\nhas been issued and served.\n\nS. 7(2) amended by No. 68/2009 s. 97(Sch. item 23.10).\n\n(2) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.\n\nS. 7A (Heading) amended by Nos 79/2014 s. 6(1), 27/2016 s. 5(1).\n\nS. 7A inserted by No. 68/2010 s. 36, amended by Nos 79/2014 s. 6(2), 27/2016 s. 5(2)(3) (ILA s. 39B(1)).\n\n","sortOrder":17},{"sectionNumber":"7A","sectionType":"section","heading":"Meaning of *derived property*—civil forfeiture","content":"\t7A Meaning of *derived property*—civil forfeiture\n\n(1) In relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, ***derived property*** means—\n\n(a) property used in, or in connection with, any unlawful activity; or\n\n(b) property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity; or\n\n(c) property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b).\n\n***Property*** is defined as including any interest in property. See definition in section 3.\n\nS. 7A(2) inserted by No. 27/2016 s. 5(3).\n\n(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).\n\nS. 7B inserted by No. 68/2010 s. 36, amended by No. 27/2016 s. 6 (ILA s. 39B(1)).\n\n","sortOrder":18},{"sectionNumber":"7B","sectionType":"section","heading":"Meaning of *derived property*—other cases","content":"\t7B Meaning of *derived property*—other cases\n\n(1) In any case other than that referred to in section 7A, ***derived property*** means—\n\n(a) property used in, or in connection with, any unlawful activity by—\n\n(i) the accused; or\n\n(ii) the applicant for an exclusion order; or\n\n(b) property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity by—\n\n(i) the accused; or\n\n(ii) the applicant for an exclusion order; or\n\n(c) property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b).\n\n***Property*** is defined as including any interest in property. See definition in section 3.\n\nS. 7B(2) inserted by No. 27/2016 s. 6.\n\n(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).\n\nS. 7C inserted by No. 79/2014 s. 7.\n\n","sortOrder":19},{"sectionNumber":"7C","sectionType":"section","heading":"Meaning of *serious criminal activity*","content":"\t7C Meaning of *serious criminal activity*\n\nFor the purposes of this Act, serious criminal activity means—\n\n(a) an act or omission or a course of conduct done or occurring in Victoria that constitutes one or more of the following—\n\n(i) a Schedule 2 offence;\n\nS. 7C(a)(ii) amended by Nos 47/2016 s. 35(1), 7/2022 s. 63.\n\n(ii) any other offence that is punishable by a term of imprisonment of 5 years or more and involves theft, fraud, obtaining financial benefit from the crime of another, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, commercial sexual services within the meaning of the **Crimes Act 1958**, production or distribution of child abuse material, drug cultivation, drug trafficking, forgery or homicide;\n\nS. 7C(a)(iia) inserted by No. 42/2015 s. 24, amended by No. 47/2016 s. 35(2).\n\n(iia) an offence against section 51E(1), 51F(1) or 51I(1) of the **Crimes Act 1958**;\n\n(iii) an offence against section 7C, 59, 93, 94 or 96 of the **Firearms Act 1996**;\n\n(iv) an offence against section 195 of the **Crimes Act 1958**;\n\n(v) an offence of attempting to commit, or of conspiracy or incitement to commit, any offence referred to in the above paragraphs;\n\n(vi) an offence against a law of the Commonwealth punishable by a term of imprisonment of 5 years or more that involves anything referred to in subparagraph (ii); or\n\n(b) an act or omission or a course of conduct done or occurring in another jurisdiction that—\n\n(i) constitutes an offence in that other jurisdiction; and\n\n(ii) if done or occurring in Victoria, would constitute an offence referred to in paragraph (a).\n\nS. 8  \namended by No. 43/1998  \ns. 8.\n\n","sortOrder":20},{"sectionNumber":"8","sectionType":"section","heading":"Related offences","content":"\t8 Related offences\n\nFor the purposes of this Act, two offences are related to one another if they are founded on the same facts or form or are part of a series of offences of the same or a similar character.\n\n","sortOrder":21},{"sectionNumber":"9","sectionType":"section","heading":"Effective control of property","content":"\t9 Effective control of property\n\n(1) For the purposes of this Act, property may be subject to the effective control of a person whether or not the person has an interest in it.\n\nS. 9(1A) inserted by No. 44/2022 s. 57.\n\n(1A) Property may be subject to the effective control of more than one person.\n\nS. 9(1B) inserted by No. 44/2022 s. 57.\n\n(1B) Property that is held on trust for the benefit of a person, or is otherwise subject to a person's beneficial ownership, is taken to be under the person's effective control.\n\n(2) In determining whether or not property is subject to the effective control of a person or whether or not there are reasonable grounds to believe that it is, regard may be had to—\n\n(a) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and\n\n(b) a trust that has a relationship to the property; and\n\n(c) family, domestic, business or other relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b), and other persons.\n\nS. 10 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.11).\n\nS. 10 amended by No. 68/2009 s. 97(Sch. item 23.12).\n\n","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Property in which the accused has an interest","content":"\t10 Property in which the accused has an interest\n\nFor the purposes of an application under this Act in relation to an offence, property in which the accused has an interest includes—\n\nS. 10(a) amended by No. 68/2009 s. 97(Sch. item 23.12).\n\n(a) any property that is, on the day when the first application is made under this Act in respect of that offence, subject to the effective control of the accused; and\n\nS. 10(b) amended by No. 68/2009 s. 97(Sch. item 23.12).\n\n(b) any property that was the subject of a gift from the accused to another person—\n\n(i) within the period of 6 years before the first application made under this Act in respect of that offence; and\n\nS. 10(b)(ii) amended by No. 68/2010 s. 37.\n\n(ii) at any time if the application is made for the purposes of automatic forfeiture.\n\n","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of *dealing with property*","content":"\t11 Meaning of *dealing with property*\n\nFor the purposes of this Act, dealing with property of a person includes—\n\n(a) if a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and\n\n(b) removing the property from Victoria; and\n\n(c) receiving or making a gift of the property; and\n\nS. 11(d) amended by No. 43/1998  \n\n(d) creating or assigning an interest in the property; and\n\nS. 11(e) inserted by No. 43/1998  \n\n(e) using the property to obtain or extend credit; and\n\nS. 11(f) inserted by No. 43/1998  \n\n(f) using credit secured against the property.\n\nNote to s. 11 inserted by No. 42/2007 s. 18(Sch. item 1).\n\n","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Jurisdiction","content":"\t12 Jurisdiction\n\n(1) The jurisdiction given to the Children's Court by this Act is exercisable by the Criminal Division of that Court.\n\nS. 12(1A) inserted by No. 63/2003 s. 6.\n\n(1A) Despite the jurisdictional limit of the Magistrates' Court in civil proceedings, the Magistrates' Court may make a freezing order in respect of an account held with a financial institution, irrespective of the amount held in that account.\n\n(2) The Magistrates' Court or the Children's Court must not make a restraining order or a forfeiture order in respect of real property.\n\nS. 12(2A) inserted by No. 79/2014 s. 8(1).\n\n(2A) The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining order in respect of real property.\n\n(3) The Magistrates' Court or the Children's Court must not, in relation to a particular offence, make a restraining order in respect of property unless it is satisfied that the value of the property (together with the value of any other property in respect of which a restraining order has been granted in relation to that offence) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.\n\nS. 12(4) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.13), 27/2016 s. 7.\n\n(4) The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular offence, make a forfeiture order in respect of property unless it is satisfied that the value of the property (together with the value of any other property that is the subject of any other undischarged forfeiture order made by that court in relation to that conviction) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.\n\nS. 12(5) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.14), 27/2016 s. 7.\n\n(5) The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular offence, make a pecuniary penalty order against the accused unless it is satisfied that the amount payable under the order (together with the amount payable under any other undischarged pecuniary penalty order made against the accused by that court in relation to that conviction) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.\n\nS. 12(5A) inserted by No. 79/2014 s. 8(2).\n\n(5A) The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining order in respect of property unless it is satisfied that the value of the property does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.\n\nS. 12(6) amended by No. 63/2003 s. 7.\n\n(6) If a person was convicted before the Magistrates' Court or the Children's Court and that court does not have jurisdiction to make a restraining order, forfeiture order or pecuniary penalty order because of the value of the property or the amount payable, then the Supreme Court and the County Court have jurisdiction.\n\n(7) For the purposes of this section, the value of property is its value as determined by the court hearing the application.\n\nS. 12(8) amended by Nos 87/2004 s. 6(2), 68/2010 ss 6, 38(1).\n\n(8) The County Court has jurisdiction under this Act to make any order, other than an order under section 141A, irrespective of the value of the property or the amount payable.\n\nS. 12(9) inserted by No. 68/2010 s. 38(2).\n\n(9) The Magistrates' Court and the Children's Court do not have jurisdiction to make a civil forfeiture restraining order, a civil forfeiture exclusion order or a civil forfeiture order.\n\nNote to s. 12 inserted by No. 42/2007 s. 18(Sch. item 2).\n\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Act to bind Crown","content":"\t13 Act to bind Crown\n\n(1) This Act binds the Crown not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n\n(2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\n\nPt 2 (Heading) amended by Nos 68/2010 s. 39, 79/2014 s. 9.\n\n","sortOrder":26},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restraining orders other than civil forfeiture restraining orders and unexplained wealth restraining orders","content":"Part 2—Restraining orders other than civil forfeiture restraining orders and unexplained wealth restraining orders\n\n","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Restraining orders","content":"\t14 Restraining orders\n\n(1) A restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt with by any person except in the manner and circumstances (if any) specified in the order.\n\n(2) If a provision of this Act confers a power to apply for a restraining order in respect of property in which a person has an interest, the application may be made in respect of one or more of the following—\n\n(c) specified property of the person and all other property of the person, including property acquired after the making of the order;\n\n(d) all the property of the person, including property acquired after the making of the order, other than specified property;\n\nS. 14(3) substituted by No. 55/2014 s. 54.\n\n(3) If the court making a restraining order considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—\n\nS. 14(3)(b) amended by Nos 20/2015 s. 7, 26/2024 s. 6(1)(a).\n\nS. 14(3)(c) inserted by No. 26/2024 s. 6(1)(b).\n\n(c) any other person specified by the court in the order.\n\nS. 14(3A) inserted by No. 26/2024 s. 6(2).\n\n(3A) A court, when making a restraining order, has power to give any other directions that are necessary to give effect to the restraining order.\n\n(4) A restraining order may, at the time it is made or at a later time, provide for meeting—\n\n(b) reasonable business expenses—\n\nof any person to whose property the order applies if the court that makes or made the order is satisfied that these expenses cannot be met from unrestrained property or income of the person.\n\nS. 14(5) amended by No. 26/2024 s. 6(3).\n\n(5) Subject to subsection (5A), a court, in making a restraining order, must not provide for the payment of legal expenses in respect of any legal proceeding, whether criminal or civil, and whether in respect of a charge to which the restraining order relates or otherwise.\n\nS. 14(5A) inserted by No. 26/2024 s. 6(4).\n\n(5A) A court may provide for the payment of legal expenses incurred by a mortgagee of property specified in the restraining order in a civil proceeding relating to the exercise of the mortgagee's power of sale over the restrained property, provided those expenses—\n\n(6) Subject to subsections (4) and (5), a restraining order may be made subject to any conditions that the court thinks fit.\n\nS. 14(7) amended by No. 43/1998  \ns. 10.\n\n(7) The court may refuse to make a restraining order if the DPP or another person or body on behalf of the State refuses or fails to give to the court any undertakings that the court considers appropriate concerning the payment of damages or costs in relation to the making and operation of the order.\n\n","sortOrder":28},{"sectionNumber":"15","sectionType":"section","heading":"Purposes for which a restraining order may be made","content":"\t15 Purposes for which a restraining order may be made\n\nS. 15(1) amended by No. 42/2007 s. 18(Sch. item 3).\n\n(1) A restraining order may be made to preserve property or an interest in property in order that the property or interest will be available for any one or more of the following purposes—\n\n(a) to satisfy any forfeiture order that may be made under Division 1 of Part 3;\n\n(b) to satisfy automatic forfeiture of property that may occur under Division 2 of Part 3;\n\nS. 15(1)(c) repealed by No. 68/2010 s. 40(1),  \nnew s. 15(1)(c) inserted by No. 55/2014 s. 18.\n\n(c) to satisfy automatic forfeiture of property that may occur under Division 4 of Part 3;\n\nS. 15(1)(d) amended by No. 44/2022 s. 47(a).\n\n(d) to satisfy any pecuniary penalty order;\n\nS. 15(1)(e) amended by No. 44/2022 s. 47(b).\n\n(e) to satisfy any order for restitution or compensation under the **Sentencing Act 1991**.\n\n(2) An application for a restraining order must state the purpose for which it is sought.\n\n(3) If a court makes a restraining order in respect of property or an interest in property—\n\n(a) the court must state in the order the purpose for which the property or interest is restrained; and\n\n(b) if the court excludes property or an interest in property from the order in respect of a purpose, the court must state in the order whether the property or interest remains restrained for any other purpose and, if so, state that other purpose.\n\nS. 15(4) inserted by No. 87/2004 s. 7, repealed by No. 68/2010 s. 40(2).\n\nSection 26 enables the court to make orders varying the property to which the restraining order relates.\n\nS. 15A inserted by No. 55/2014 s. 19, substituted by No. 79/2014 s. 10.\n\n","sortOrder":29},{"sectionNumber":"15A","sectionType":"section","heading":"Property may be subject to both restraining order and other orders","content":"\t15A Property may be subject to both restraining order and other orders\n\n(1) In addition to being subject to a restraining order under this Part, property or an interest in property may be subject to either or both of the following—\n\n(a) a civil forfeiture restraining order;\n\n(b) an unexplained wealth restraining order.\n\n(2) If a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the restraining order under this Part, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following—\n\n(a) the property being able to be disposed of in accordance with section 44(2) because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property or interest in property;\n\n(b) the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA;\n\n(c) the restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 27;\n\nS. 15A(2)(ca) inserted by No. 44/2022 s. 48.\n\n(ca) the restraining order ceasing to operate in whole or in relation to the property or interest in property under section 27A;\n\n(d) the property or interest in property being excluded from the operation of the restraining order by an exclusion order.\n\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Application for restraining order","content":"\t16 Application for restraining order\n\nS. 16(1) substituted by No. 87/2004 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 23.15).\n\n(1) If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence—\n\n(a) the DPP may apply, without notice, to any court; or\n\n(b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—\n\nfor a restraining order in respect of property in which the accused has an interest or which is tainted property in relation to that offence.\n\nS. 16(2) substituted by No. 87/2004 s. 8(1), amended by Nos 68/2010 s. 41(1), 37/2014 s. 10(Sch. item 25.2(a)), substituted by No. 27/2016 s. 8.\n\n(2) If any of the circumstances specified in subsection (2AA) apply in relation to property—\n\n(a) the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or\n\n(b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—\n\nfor a restraining order in respect of the property.\n\nS. 16(2AA) inserted by No. 27/2016 s. 8.\n\n(2AA) An application for a restraining order under subsection (2) may be made in respect of property if—\n\n(a) a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that—\n\n(i) within the next 48 hours a person will be charged with a Schedule 2 offence; and\n\n(ii) that person has an interest in the property or the property is tainted property in relation to that offence; or\n\n(b) a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or\n\n(c) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence.\n\nS. 16(2A) inserted by No. 87/2004 s. 8(1), repealed by No. 68/2010 s. 41(1),  \nnew s. 16(2A) inserted by No. 55/2014 s. 20(1).\n\n(2A) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a serious drug offence restraining order in respect of property if—\n\n(a) a member of the police force or a person authorised by or under an Act to prosecute the relevant type of offence believes that—\n\n(i) within the next 48 hours a person will be charged with a serious drug offence; and\n\n(ii) that person has an interest in the property; or\n\n(b) a person has been charged with a serious drug offence and that person has an interest in the property; or\n\n(c) a person has been convicted of a serious drug offence and that person has an interest in the property.\n\nS. 16(3) amended by Nos 87/2004 s. 8(2), 55/2014 s. 20(2).\n\n(3) An application under subsection (2) or (2A) for the purposes of automatic forfeiture may only be made before the end of the relevant period in relation to the conviction.\n\nS. 16(4) amended by Nos 87/2004 s. 8(3), 37/2014 s. 10(Sch. item 25.2(b)(ii)), 55/2014 s. 20(3)(a).\n\n(4) An application under subsection (1), (2) or (2A) must be supported by an affidavit of—\n\nS. 16(4)(a) substituted by No. 37/2014 s. 10(Sch. item 25.2(b)(i)).\n\n(b) a person authorised by or under an Act to prosecute the relevant type of offence—\n\nsetting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs—\n\nS. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16).\n\n(c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and\n\nS. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16), substituted by No. 55/2014 s. 20(3)(b).\n\n(d) that—\n\n(i) in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and\n\n(ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and\n\n(e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that—\n\n(i) a forfeiture order may be made in respect of the property; or\n\nS. 16(4)(e)(ii) amended by No. 68/2009 s. 97(Sch. item 23.16).\n\n(ii) a pecuniary penalty order may be made against the accused; or\n\n(iii) an order for restitution or compensation may be made under the **Sentencing Act 1991**.\n\nS. 16(5) inserted by No. 87/2004 s. 8(4), substituted by No. 68/2010 s. 41(2), amended by No. 79/2014 s. 11.\n\n(5) An application for a civil forfeiture restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application under this section in relation to the same property or interest in property.\n\nS. 16(6) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(4).\n\n(6) An application under subsection (1), (2) or (2A) in relation to property or an interest in property may be made more than once, whether on the same grounds or different grounds, for any purpose referred to in section 15(1).\n\nS. 16(7) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(5).\n\n(7) An application under subsection (1) in relation to property or an interest in property does not preclude an application under subsection (2) or (2A) in relation to the same property or interest in property.\n\nS. 16(8) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(6).\n\n(8) An application under subsection (2) in relation to property or an interest in property does not preclude an application under subsection (1) or (2A) in relation to the same property or interest in property.\n\nS. 16(9) inserted by No. 55/2014 s. 20(7).\n\n(9) An application under subsection (2A) in relation to property or an interest in property does not preclude an application under subsection (1) or (2) in relation to the same property or interest in property.\n\n","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Procedure on application","content":"\t17 Procedure on application\n\nS. 17(1) amended by No. 87/2004 s. 8(5), substituted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21.\n\n(1) If, having regard to the matters referred to in subsection (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant under section 16(1), (2) or (2A) to give notice of the application to any person whom the court has reason to believe has an interest in the property that is the subject of the application.\n\nS. 17(1A) inserted by No. 79/2006 s. 10.\n\n(1A) In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—\n\n(a) the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose for which the restraining order is sought; and\n\n(b) any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and\n\n(c) any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and\n\n(d) the provision made by this Act to enable a person claiming an interest in property the subject of a restraining order to apply for an exclusion order to protect that interest from the operation of the restraining order; and\n\n(e) the limited duration of a restraining order; and\n\nS. 17(1B) inserted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21.\n\n(1B) In determining whether to direct an applicant to give notice of an application under section 16(1), (2) or (2A), the court may have regard to any other matter that the court considers relevant.\n\nS. 17(1C) inserted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21.\n\n(1C) If the court does not require notice of an application under section 16(1), (2) or (2A) to be given under subsection (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.\n\n(2) Any person notified under subsection (1) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a restraining order.\n\n(3) The court may—\n\n(b) order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or\n\n(c) make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.\n\n(4) The court must cause a copy of any order made under subsection (3) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.\n\n(5) A person must not contravene an order posted under subsection (4).\n\n1. Imprisonment for 12 months or 1000 penalty units.\n\nS. 18 amended by Nos 43/1998  \ns. 11, 87/2004 s. 9(1)(a)(b)(2) (ILA s. 39B(1)).\n\n","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Determination of application","content":"\t18 Determination of application\n\nS. 18(1) amended by Nos 68/2009 s. 97(Sch. item 23.17), 55/2014 s. 22.\n\n(1) On an application under section 16(1), (2) or (2A), the court must make a restraining order if it is satisfied that the accused—\n\n(a) has been, or within the next 48 hours will be, charged with; or\n\n(b) has been convicted of—\n\na Schedule 1 offence, a Schedule 2 offence or a serious drug offence (as the case may be) and—\n\nS. 18(1)(c) amended by No. 6/2018 s. 68(Sch. 2 item 26.1).\n\n(c) it considers that, having regard to the matters contained in the affidavit supporting the application and to any other sworn or affirmed evidence before it, there are reasonable grounds for making the restraining order; and\n\n(d) if the restraining order is being sought for a purpose referred to in section 15(1)(e), it is satisfied that—\n\nS. 18(1)(d)(i) amended by No. 87/2004 s. 9(1)(c).\n\n(i) applications have been, or are likely to be, made for restitution or compensation under the **Sentencing Act 1991** in respect of the Schedule 1 offence or Schedule 2 offence; and\n\nS. 18(1)(d)(ii) amended by No. 44/2022 s. 49.\n\n(ii) the order of the court under the **Sentencing Act 1991** is likely to exceed $20 000.\n\nS. 18(2) inserted by No. 87/2004 s. 9(2), repealed by No. 68/2010 s. 41(3).\n\n","sortOrder":33},{"sectionNumber":"19","sectionType":"section","heading":"Notice of restraining order to be given to persons affected","content":"\t19 Notice of restraining order to be given to persons affected\n\n(a) a restraining order is made in respect of property of a person; and\n\n(b) notice had not been given to that person of the application for the order—\n\nthe applicant must give written notice of the making of the order to that person.\n\n(2) If a person to whom notice must be given under subsection (1) cannot be found after all reasonable steps have been taken to locate the person, the applicant must cause to be published in a newspaper circulating generally in Victoria a notice containing details of the restraining order or give notice to that person in any other manner that the court directs.\n\nNote to s. 19 inserted by No. 42/2007 s. 18(Sch. item 4).\n\nS. 19A inserted by No. 63/2003 s. 8.\n\n","sortOrder":34},{"sectionNumber":"19A","sectionType":"section","heading":"Notice requiring declaration of property interests","content":"\t19A Notice requiring declaration of property interests\n\nS. 19A(1) amended by No. 37/2014 s. 10(Sch. item 25.3).\n\n(1) If a restraining order is made in respect of property, a police officer must give a notice to each person who the applicant for the restraining order believes has an interest in that property requiring the person to give to the police officer a written declaration of property interests.\n\n(b) state the effect of section 19C.\n\nS. 19B inserted by No. 63/2003 s. 8.\n\n","sortOrder":35},{"sectionNumber":"19B","sectionType":"section","heading":"What must be included in a declaration of property interests?","content":"\t19B What must be included in a declaration of property interests?\n\n(1) A person who has been given a notice under section 19A must provide a written declaration of property interests that states whether that person—\n\n(a) has an interest in the property; and\n\n(b) believes that any other person has an interest in the property.\n\nS. 19B(1A) inserted by No. 68/2010 s. 8(1).\n\n(1A) If the person making the declaration of property interests states that the person has an interest in the property, the person must also state in the declaration the nature and extent of that interest, including—\n\n(a) in relation to a mortgage, the current value of the debt secured by the mortgage;\n\n(b) in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\nS. 19B(2) amended by No. 68/2010 s. 8(2).\n\n(2) If the person making the declaration of property interests believes that any other person has an interest in the property, the person making the declaration must state in the declaration to the best of his or her knowledge the name and address of every other person who has an interest in the property.\n\nNotes to s. 19B inserted by No. 68/2010 s. 8(3).\n\n2 The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage.\n\n3 The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nS. 19C inserted by No. 63/2003 s. 8.\n\n","sortOrder":36},{"sectionNumber":"19C","sectionType":"section","heading":"Offences","content":"\t19C Offences\n\nS. 19C(1) amended by No. 37/2014 s. 10(Sch. item 25.3).\n\n(1) A person who is given a notice under section 19A must not, without reasonable excuse, fail to give the declaration of property interests required by that notice to a police officer within 14 days after the notice is given to the person.\n\n(2) A person who is given a notice under section 19A must not make a statement in the declaration of property interests required by that notice that is false or misleading in a material particular.\n\nS. 19D inserted by No. 63/2003 s. 8.\n\n","sortOrder":37},{"sectionNumber":"19D","sectionType":"section","heading":"Court directions to provide information","content":"\t19D Court directions to provide information\n\n(1) If a person who has been given a notice under section 19A—\n\n(a) is convicted of an offence under section 19C(1) or (2); and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 19A—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests.\n\n(2) If a person who has been given a notice under section 19A—\n\nS. 19D(2)(a) amended by Nos 87/2004 s. 22(1)(a), 55/2014 s. 23.\n\n(a) is convicted of the Schedule 1 offence, Schedule 2 offence or serious drug offence in relation to which the restraining order was made; and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 19A; and\n\n(c) does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 19A—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests.\n\nS. 19E inserted by No. 63/2003 s. 8, amended by No. 68/2010 s. 12 (ILA s. 39B(1)).\n\n","sortOrder":38},{"sectionNumber":"19E","sectionType":"section","heading":"Admissibility of statement","content":"\t19E Admissibility of statement\n\n(1) A statement made by a person in a declaration of property interests given in response to a notice under section 19A is admissible against that person in—\n\nS. 19E(b) substituted by No. 104/2003 s. 5(4).\n\nS. 19E(2) inserted by No. 68/2010 s. 12.\n\n(2) Any information, document or other thing obtained as a direct or indirect consequence of making a statement in a declaration of property interests given in response to a notice under section 19B is admissible against that person in—\n\n","sortOrder":39},{"sectionNumber":"20","sectionType":"section","heading":"Application for exclusion from restraining order","content":"\t20 Application for exclusion from restraining order\n\nS. 20(1) amended by Nos 68/2009 s. 97(Sch. item 23.18), 68/2010 s. 42, substituted by No. 55/2014 s. 24(1).\n\n(1) If a court makes a restraining order against property under section 18, the following persons may apply to that court for an order under section 21, 22 or 22A—\n\n(a) in the case of an application for an order under section 21 or 22—any person claiming an interest in the property, including the accused;\n\n(b) in the case of an application for an order under section 22A—any person claiming an interest in the property, other than the accused.\n\nS. 20(1A) inserted by No. 87/2004 s. 10(1).\n\n(1A) An application under subsection (1) must be made—\n\n(a) if notice is required to be given under section 19(1), within 30 days after service of notice of the making of the restraining order; or\n\n(b) in any other case, within 30 days after the making of the restraining order.\n\nS. 20(1B) inserted by No. 87/2004 s. 10(1), amended by No. 77/2013 s. 3(1).\n\n(1B) Subject to subsection (1C), the court may extend the period within which an application may be made, whether or not that period has expired, if it is in the interests of justice to do so.\n\nS. 20(1C) inserted by No. 77/2013 s. 3(2).\n\n(1C) The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act.\n\nS. 20(2) amended by No. 87/2004 s. 10(2).\n\n(2) An applicant must give notice of the application, and, subject to subsection (6), of the grounds on which it is made—\n\n(a) to the applicant for the restraining order; and\n\nS. 20(2A) inserted by No. 79/2014 s. 45.\n\n(2A) An application for an exclusion order must include documentary evidence of any transactions relating to the transfer of property alleged by the applicant to have occurred that would support the application.\n\nS. 20(3) amended by Nos 68/2010 s. 42, 55/2014 s. 24(2).\n\n(3) Any person referred to in subsection (2) is entitled to appear and to give evidence at the hearing of an application for an order under section 21, 22 or 22A but the absence of that person does not prevent the court from making an order under section 21, 22 or 22A.\n\n(4) If the person referred to in subsection (2)(a) proposes to contest an application for an exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested.\n\nS. 20(5) inserted by No. 87/2004 s. 10(3).\n\n(5) If—\n\n(a) a court makes a restraining order against property under section 18 in relation to an offence; and\n\nS. 20(5)(b) amended by No. 68/2010 s. 13(2)(a).\n\n(b) a person claiming an interest in the property is charged with the offence or any other offence—\n\nany statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\nS. 20(5A) inserted by No. 68/2010 s. 13(1).\n\n(5A) If—\n\n(a) a court makes a restraining order against property under section 18 in relation to an offence; and\n\n(b) a person claiming an interest in the property is charged with the offence or any other offence—\n\nany information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\nS. 20(6) inserted by No. 87/2004 s. 10(3).\n\n(6) If—\n\nS. 20(6)(a) amended by No. 68/2010 s. 13(2)(b).\n\n(a) a court makes a restraining order against property under section 18 in relation to a Schedule 1 offence or a Schedule 2 offence; and\n\nS. 20(6)(b) amended by No. 68/2010 s. 13(2)(c).\n\n(b) a person claiming an interest in the property is charged with the offence or a related offence; and\n\nS. 20(6)(c) amended by No. 68/2010 s. 42.\n\n(c) that person applies for an order under section 21 or 22—\n\nthe person need not give notice of the grounds on which the application is made until the charge against the person is finally determined or is withdrawn.\n\nS. 20(7) inserted by No. 87/2004 s. 10(3), amended by Nos 68/2010 s. 42, 55/2014 s. 24(3).\n\n(7) Any person referred to in subsection (2) may apply to the court for an order that the hearing of the application for an order under section 21, 22 or 22A be stayed until the charge for the offence in relation to which the restraining order is made or for any related offence is finally determined or is withdrawn.\n\nNote to s. 20 substituted by No. 42/2007 s. 18(Sch. item 5).\n\n1 Section 14 provides that a restraining order may be made in respect of property or an interest in property.\n\n2 Section 26 enables the court to make orders varying the property to which the restraining order relates.\n\nS. 21 amended by Nos 87/2004 s. 22(1)(b), 68/2010 s. 14(1) (ILA s. 39B(1)), 68/2010 s. 43.\n\n","sortOrder":40},{"sectionNumber":"21","sectionType":"section","heading":"Determination of exclusion application—restraining order—Schedule 1 offence","content":"\t21 Determination of exclusion application—restraining order—Schedule 1 offence\n\n(1) On an application made under section 20, where the restraining order has been made in relation to a Schedule 1 offence (other than for a purpose referred to in section 15(1)(b))—\n\nS. 21(a) amended by No. 42/2007 s. 5(1)(a).\n\n(a) if the court is satisfied that the property in which the applicant claims an interest—\n\n(i) is not tainted property; and\n\n(ii) will not be required to satisfy any purpose for which the restraining order was made—\n\nthe court may make an order excluding the applicant's interest in the property from the operation of the restraining order; or\n\nS. 21(b) amended by No. 68/2009 s. 97(Sch. item 23.19).\n\n(b) if the applicant is a person other than the accused and—\n\nS. 21(b)(i) amended by No. 42/2007 s. 5(1)(b).\n\n(i) the court is not satisfied as specified in paragraph (a)(i), the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if satisfied that—\n\nS. 21(b)(i)(A) amended by No. 87/2004 s. 22(1)(b).\n\n(A) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and\n\nS. 21(b)(i)(B) amended by Nos 87/2004 s. 22(1)(b), 68/2009 s. 97(Sch. item 23.19).\n\n(B) where the applicant acquired the interest before the commission, or alleged commission, of the Schedule 1 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and\n\nS. 21(b)(i)(C) amended by No. 87/2004 s. 22(1)(b).\n\n(C) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Schedule 1 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; and\n\nS. 21(b)(i)(D) substituted by No. 42/2007 s. 5(2), amended by No. 68/2009 s. 97(Sch. item 23.19).\n\n(D) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 1 offence or the date that the restraining order was made in relation to the property; and\n\nS. 21(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.19).\n\n(E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or\n\nS. 21(b)(ii) amended by No. 42/2007 s. 5(1)(b).\n\n(ii) the court is satisfied as specified in paragraph (a)(i) but not satisfied as specified in paragraph (a)(ii), the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if satisfied that—\n\nS. 21(b)(ii)(A) substituted by No. 42/2007 s. 5(3), amended by No. 68/2009 s. 97(Sch. item 23.19).\n\n(A) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 1 offence or the date that the restraining order was made in relation to the property; and\n\nS. 21(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.19).\n\n(B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration.\n\nS. 21(2) inserted by No. 68/2010 s. 14(1).\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nS. 22 (Heading) amended by No. 27/2016 s. 9(1).\n\nS. 22 amended by Nos 87/2004 s. 11(a), 68/2010 s. 14(3) (ILA s. 39B(1)).\n\n","sortOrder":41},{"sectionNumber":"22","sectionType":"section","heading":"Determination of exclusion application—restraining order in relation to Schedule 2 offence","content":"\t22 Determination of exclusion application—restraining order in relation to Schedule 2 offence\n\nS. 22(1) amended by No. 27/2016 s. 9(2).\n\n(1) On an application made under section 20, where the restraining order has been made in relation to a Schedule 2 offence for the purposes of automatic forfeiture under section 35—\n\nS. 22(a) amended by Nos 43/1998  \ns. 39(a), 42/2007 s. 6(1)(a).\n\n(a) the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if the court is satisfied that—\n\n(i) the property in which the applicant claims an interest was lawfully acquired by the applicant; and\n\nS. 22(a)(ii) substituted by No. 87/2004 s. 11(b), amended by No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)).\n\n(ii) the property is not tainted property and is not, or will not be, subject to a tainted property substitution declaration under section 36F; and\n\nS. 22(a)(iia) inserted by No. 42/2007 s. 6(2).\n\n(iia) the property is not derived property; and\n\n(iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the **Sentencing Act 1991**; or\n\nS. 22(b) amended by Nos 42/2007 s. 6(1)(b), 68/2009 s. 97(Sch. item 23.20).\n\n(b) where the application is made by a person other than the accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order—\n\nS. 22(b)(i) amended by No. 42/2007 s. 6(3).\n\n(i) if the court is not satisfied that the property in which the person claims an interest is not tainted property or derived property but is satisfied that—\n\nS. 22(b)(i)(A) amended by No. 87/2004 s. 11(c).\n\n(A) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and\n\nS. 22(b)(i)(B) amended by Nos 87/2004 s. 11(c), 68/2009 s. 97(Sch. item 23.20).\n\n(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 accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and\n\nS. 22(b)(i)(C) amended by Nos 87/2004 s. 11(c), 42/2007 s. 6(3).\n\n(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\n\nS. 22(b)(i)(D) substituted by No. 42/2007 s. 6(4), amended by No. 68/2009 s. 97(Sch. item 23.20).\n\n(D) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and\n\nS. 22(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.20).\n\n(E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or\n\nS. 22(b)(ii) amended by No. 42/2007 s. 6(5)(a).\n\n(ii) if the court is satisfied that the property is not tainted property or derived property and that—\n\nS. 22(b)(ii)(A) substituted by No. 42/2007 s. 6(5)(b), amended by No. 68/2009 s. 97(Sch. item 23.20).\n\n(A) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and\n\nS. 22(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.20).\n\n(B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or\n\nS. 22(c) amended by Nos 42/2007 s. 6(1)(c), 68/2009 s. 97(Sch. item 23.20).\n\n(c) where the application is made by the executor or administrator of the estate of a deceased accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if the court is satisfied that—\n\nS. 22(c)(i) amended by No. 68/2009 s. 97(Sch. item 23.20).\n\n(i) the accused is dead; and\n\nS. 22(c)(ii) amended by Nos 43/1998  \ns. 12, 68/2009 s. 97(Sch. item 23.20).\n\n(ii) there are reasonable grounds to believe that the interest claimed by the estate of the accused was lawfully acquired by the accused; and\n\nS. 22(c)(iii) substituted by No. 42/2007  \ns. 6(6).\n\n(iii) the property is not derived property; and\n\nS. 22(c)(iiia) inserted by No. 42/2007  \ns. 6(6), amended by No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)).\n\n(iiia) the property is not tainted property and is not, or will not be, subject to a tainted property substitution declaration under section 36F; and\n\n(iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the **Sentencing Act 1991**.\n\nS. 22(1A) inserted by No. 79/2014 s. 46.\n\n(1A) If the applicant alleges that transactions have occurred relating to the transfer of property that would support the application for the exclusion order, the court hearing the application may accept evidence other than documentary evidence of those transactions if—\n\n(a) that other evidence is provided in addition to documentary evidence of the transaction; or\n\n(b) the court is satisfied that it is not reasonable to expect documentary evidence to exist because of the nature of the transfer of property, the effluxion of time or any other reason.\n\nS. 22(2) inserted by No. 68/2010 s. 14(3).\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nNote to s. 22 inserted by No. 27/2016 s. 9(3).\n\nProperty excluded from a restraining order made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 (i.e. automatic forfeiture on the conviction of an accused of certain offences) may continue to be restrained if a restraining order has also been made in relation to the property for the purpose referred to in section 15(1)(c).\n\nS. 22A inserted by No. 55/2014 s. 25.\n\n","sortOrder":42},{"sectionNumber":"22A","sectionType":"section","heading":"Determination of exclusion application—serious drug offence restraining order","content":"\t22A Determination of exclusion application—serious drug offence restraining order\n\nS. 22A(1) substituted by No. 44/2022 s. 15.\n\n(1) On an application made under section 20 the court may make an order excluding the applicant's interest in property from the operation of a serious drug offence restraining order made in relation to a serious drug offence—\n\n(i) the property is not tainted property or derived property; and\n\n(ii) the applicant was not, in any way, involved in the commission of the serious drug offence; and\n\n(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of—\n\n(B) the date that the serious drug offence restraining order was made in relation to the property; and\n\n(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; or\n\n(b) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—\n\n(i) where the applicant acquired the interest before the commission, or alleged commission, of the serious drug offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the serious drug offence; and\n\n(ii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the serious drug 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\n\n(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of—\n\n(B) the date that the restraining order was made in relation to the property; and\n\n(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; and\n\n(v) the applicant was not, in any way, involved in the commission of the serious drug offence.\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nProperty excluded from a serious drug offence restraining order may continue to be restrained if a restraining order has also been made in relation to the property for the purpose referred to in section 15(1)(b).\n\nS. 23 amended by No. 42/2007 s. 7(1).\n\n","sortOrder":43},{"sectionNumber":"23","sectionType":"section","heading":"Declaration that restraining order shall be disregarded for purposes of automatic forfeiture","content":"\t23 Declaration that restraining order shall be disregarded for purposes of automatic forfeiture\n\nIf—\n\nS. 23(a) amended by Nos 42/2007 s. 7(2)(a), 77/2013 s. 4(a).\n\n(a) in the circumstances set out in section 22(1)(a), the court is satisfied of the matters referred to in subparagraphs (i), (ii) and (iia); or\n\nS. 23(b) amended by Nos 42/2007 s. 7(2)(b), 77/2013 s. 4(b).\n\n(b) in the circumstances set out in section 22(1)(c), the court is satisfied of the matters referred to in subparagraphs (i), (ii), (iii) and (iiia)—\n\nbut the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35.\n\nNote to s. 23 inserted by No. 42/2007 s. 7(3).\n\nIf the applicant's interest in property was restrained for the purposes of satisfying a pecuniary penalty order or an order for restitution or compensation under the **Sentencing Act 1991**, it continues to be so restrained despite the applicant's interest being unavailable for the purposes of automatic forfeiture.\n\nS. 24 amended by Nos 43/1998  \ns. 39(b), 87/2004 s. 12, 42/2007 s. 8, repealed by No. 68/2010 s. 44,  \nnew s. 24 inserted by No. 55/2014 s. 26.\n\n","sortOrder":44},{"sectionNumber":"24","sectionType":"section","heading":"Protected property not to be included in serious drug offence restraining order","content":"\t24 Protected property not to be included in serious drug offence restraining order\n\n(1) A restraining order made for the purposes of section 15(1)(c) must not include property that is protected property.\n\n(2) For the purposes of subsection (1) and subject to subsection (3), the following property is protected property—\n\n(a) property used by the accused or a dependant of the accused primarily as a means of transport;\n\n(b) any item of necessary clothing of the accused or a dependant of the accused;\n\n(c) any item of ordinary household property of the accused or a dependant of the accused;\n\n(d) any tools of trade required by the accused or a dependant of the accused in earning income.\n\nS. 24(3) amended by No. 44/2022 s. 58.\n\n(3) An item or property of a category referred to in subsection (2) is not protected property if the value of the item, at the time at which the serious drug offence restraining order is made, exceeds the amount prescribed for that category.\n\n(4) Subject to subsection (5), property that is excluded from a serious drug offence restraining order because it is protected property must also be excluded from any other restraining order under which the property is restrained.\n\n(5) Subsection (4) does not apply to property that, for the purposes of the other restraining order, is tainted property.\n\n(6) In this section—\n\n***dependant***, of the accused, means a person who—\n\n(a) has resided with the accused for a substantial period of time immediately prior to the making of the restraining order; and\n\n(b) is wholly or substantially dependent on the accused for—\n\n(i) financial support; or\n\n(ii) personal care because the person has a severe disability, a medical condition or a condition of frailty;\n\n***necessary clothing*** does not include jewellery, collectible watches or clothing that is kept as part of a collection;\n\n***ordinary household items*** does not include antiques, collections, collectible items and artwork.\n\nS. 25 repealed by No. 87/2004 s. 13.\n\n","sortOrder":45},{"sectionNumber":"26","sectionType":"section","heading":"Further orders","content":"\t26 Further orders\n\n(1) The court may, when it makes a restraining order or at any later time, make such orders in relation to the property to which the restraining order relates as it considers just.\n\n(2) An order under subsection (1) may be made on the application of—\n\nS. 26(2)(b) amended by No. 68/2009 s. 97(Sch. item 23.21).\n\n(b) the accused; or\n\n(c) a person to whose property the restraining order relates or who has an interest in that property; or\n\n(d) a trustee—if the restraining order directed the trustee to take control of property; or\n\nS. 26(2)(da) inserted by No. 43/1998  \ns. 13.\n\n(da) a prescribed person, or a person belonging to a prescribed class of persons; or\n\n(3) Any person referred to in subsection (2) is entitled to appear and to give evidence at the hearing of an application under this section but the absence of that person does not prevent the court from making an order.\n\n(4) The applicant for an order under subsection (1) must give written notice of the application to each other person referred to in paragraphs (a) to (d) of subsection (2) who could have applied for the order.\n\n(5) Examples of the kind of order that the court may make under subsection (1) are—\n\n(a) an order varying the property to which the restraining order relates;\n\n(b) an order varying any condition to which the restraining order is subject;\n\n(c) an order providing for the reasonable living expenses and reasonable business expenses of any person referred to in section 14(4);\n\n(d) an order relating to the carrying out of any undertaking given under section 14(7) in relation to the restraining order;\n\n(f) an order directing any person whose property the restraining order relates to or any other person to furnish to such person as the court directs, within the period specified in the order, a statement, verified by the oath or affirmation of that person, setting out such particulars of the property to which the restraining order relates as the court thinks proper;\n\n(g) an order directing any relevant registration authority not to register any instrument affecting property to which the restraining order relates while it is in force except in accordance with the order;\n\nS. 26(5)(ga) inserted by No. 63/2003 s. 9(1), amended by No. 55/2014 s. 55(1).\n\n(ga) if the restraining order did not direct a trustee or a person holding a prescribed position referred to in section 14(3) to take control of property in accordance with section 14(3), an order directing a trustee or a person holding a prescribed position referred to in that section to take control of property at any later time specified in the order under subsection (1);\n\nS. 26(5)(h) amended by No. 55/2014 s. 55(2)(a).\n\n(h) if the restraining order directed a trustee or a person holding a prescribed position referred to in section 14(3) to take control of property—\n\nS. 26(5)(h)(i) amended by No. 55/2014 s. 55(2)(b).\n\n(i) an order regulating the manner in which the trustee or the person holding a prescribed position may exercise powers or perform duties under the restraining order;\n\nS. 26(5)(h)(ii) amended by No. 63/2003 s. 9(2)(a).\n\nS. 26(5)(i) inserted by No. 63/2003 s. 9(2)(b).\n\n(i) an order directing a person to whose property the restraining order relates or who has an interest in that property to use or manage specified property to which the restraining order relates, subject to conditions specified in the order;\n\nS. 26(5)(j) inserted by No. 63/2003 s. 9(2)(b).\n\n(j) an order directing a person prescribed for the purposes of subsection (2)(da), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the restraining order relates.\n\nNote to s. 26 inserted by No. 42/2007 s. 18(Sch. item 6).\n\n","sortOrder":46},{"sectionNumber":"27","sectionType":"section","heading":"Duration and setting aside of restraining order","content":"\t27 Duration and setting aside of restraining order\n\nS. 27(1) amended by Nos 87/2004 s. 14(1)(a)(b), 68/2009 s. 97(Sch. item 23.22 (a)(b)),  \n55/2014 s. 27(1).\n\n(1) If, at the end of the period of 48 hours after the making of a restraining order (other than a serious drug offence restraining order) in reliance on the proposed charging of an accused with a Schedule 1 offence or a Schedule 2 offence, the accused has not been charged with the offence or a related offence that is a Schedule 1 offence or a Schedule 2 offence, whether or not in the same Schedule as the original offence, the order ceases to be in force at the end of that period.\n\nS. 27(2) amended by No. 43/1998  \ns. 14(1), substituted by No. 87/2004 s. 14(2), repealed by No. 68/2010 s. 45(1),  \nnew s. 27(2) inserted by No. 55/2014 s. 27(2).\n\n(a) a serious drug offence restraining order is made in reliance on the proposed charging of an accused with a serious drug offence; and\n\n(b) at the end of the period of 48 hours after the making of the serious drug offence restraining order, the accused has not been charged with the offence or a related offence that is a serious drug offence—\n\nthe serious drug offence restraining order ceases to be in force at the end of that period.\n\nS. 27(3) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(a)), 55/2014 s. 27(3).\n\n(3) If, when a restraining order (other than a serious drug offence restraining order) was made in reliance on the charging, or proposed charging, of an accused with a Schedule 1 offence or a Schedule 2 offence or in reliance on the conviction of an accused of such an offence—\n\nS. 27(3)(a) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(b)).\n\n(a) the charge is withdrawn and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the withdrawal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force on the expiry of 7 days after the charge is withdrawn; or\n\nS. 27(3)(b) amended by Nos 87/2004 s. 14(3)(a)(b), 68/2009 s. 97(Sch. item 23.22(b)).\n\n(b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the acquittal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force when the acquittal occurs; or\n\nS. 27(3)(ba) inserted by No. 43/1998  \ns. 14(2)(a), repealed by No. 87/2004 s. 14(3)(c).\n\nS. 27(3)(c) amended by Nos 43/1998  \ns. 14(2)(b), 68/2009 s. 97(Sch. item 23.22 (b)(c)).\n\n(c) the conviction of the accused of the offence is subsequently set aside, the restraining order (other than one referred to in subsection (2)) ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction.\n\nS. 27(3A) inserted by No. 55/2014 s. 27(4), amended by No. 44/2022 s. 59.\n\n(3A) If—\n\n(a) a serious drug offence restraining order is made in reliance on the charging, or proposed charging, of an accused with a serious drug offence; and\n\n(b) the charge is withdrawn and the accused is not charged with a related offence that is a serious drug offence by the time of the withdrawal—\n\nthe serious drug offence restraining order ceases to be in force on the expiry of 14 business days after the charge is withdrawn.\n\nS. 27(3B) inserted by No. 55/2014 s. 27(4).\n\n(3B) If—\n\n(a) a serious drug offence restraining order is made in reliance on the charging, or proposed charging, of an accused with a serious drug offence; and\n\n(b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a serious drug offence by the time of the acquittal—\n\nthe serious drug offence restraining order ceases to be in force when the acquittal occurs.\n\nS. 27(3C) inserted by No. 55/2014 s. 27(4).\n\n(3C) If—\n\n(a) a serious drug offence restraining order is made in reliance on the conviction of an accused of a serious drug offence; and\n\n(b) the conviction of the accused of the offence is subsequently set aside—\n\nthe serious drug offence restraining order ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction.\n\nS. 27(4) amended by Nos 87/2004 s. 14(4), 68/2009 s. 97(Sch. item 23.22(b)), 68/2010 s. 45(2).\n\n(4) If, while a restraining order in respect of an interest in property is in force, a court makes a forfeiture order in respect of the interest or makes a pecuniary penalty order against the accused or makes an order for restitution or compensation under the **Sentencing Act 1991**, that court or the Supreme Court or the County Court may—\n\n(a) make an order setting aside the restraining order in respect of the whole or a specified part of the interest; or\n\n(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.\n\nS. 27(5) amended by Nos 87/2004 s. 14(5), 55/2014 s. 27(5).\n\n(5) If a restraining order (other than a serious drug offence restraining order) is made for a purpose referred to in section 15(1) and, while the order is in force, a court refuses to make an order for that purpose, that court or the Supreme Court or the County Court may—\n\n(a) make an order in relation to the purpose and period for which the restraining order is to remain in force; and\n\n(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.\n\nS. 27(6) amended by Nos 87/2004 s. 14(6)(a), 55/2014 s. 27(5).\n\n(6) A court may make an order setting aside a restraining order (other than a serious drug offence restraining order) on the application of a person if the person—\n\nS. 27(6)(a) amended by No. 87/2004 s. 14(6)(a).\n\n(a) gives security satisfactory to the court for the payment of any pecuniary penalty that may be imposed on the person under Part 8; or\n\nS. 27(6)(b) amended by No. 87/2004 s. 14(6)(b).\n\n(b) gives undertakings satisfactory to the court concerning the person's property.\n\n(7) An order under subsection (4), (5) or (6) may be made so as—\n\n(a) to set aside the restraining order wholly or in part; and\n\n(b) to take effect—\n\n(i) on the making of the first-mentioned order; or\n\n(ii) at a specified time; or\n\nS. 27(7)(b)(iii) amended by Nos 43/1998  \ns. 36(a), 42/2007 s. 18(Sch. item 7).\n\n(iii) if relevant, on the payment of money or the transfer of any interest in property to the Minister; or\n\n(iv) on the happening of some other specified event—\n\nand, when the first-mentioned order takes effect, the restraining order ceases to be in force to the extent to which it is set aside.\n\n(8) An order under subsection (4), (5) or (6) may be made on the application of—\n\nS. 27(8)(b) amended by No. 68/2009 s. 97(Sch. item 23.22(b)).\n\n(b) the accused; or\n\n(c) any person to whose property the restraining order relates or who has an interest in that property; or\n\n(d) a trustee—if the restraining order directed the trustee to take control of property; or\n\nS. 27(9) inserted by No. 68/2010 s. 15.\n\n(9) A court that makes a restraining order may make an order setting aside the restraining order if the restraining order is no longer required or appropriate.\n\nS. 27(10) inserted by No. 68/2010 s. 15.\n\n(10) An order under subsection (9) may be made on the application of the applicant for the restraining order.\n\nS. 27(11) inserted by No. 44/2022 s. 50.\n\n(11) An applicant for an order under subsection (9) setting aside a restraining order is not required to give notice of the application to any person who has an interest in the property.\n\nS. 27A inserted by No. 44/2022 s. 51.\n\n","sortOrder":47},{"sectionNumber":"27A","sectionType":"section","heading":"Property subject to multiple restraining orders","content":"\t27A Property subject to multiple restraining orders\n\nA restraining order ceases to be in force in respect of property or an interest in property if the property or interest in property—\n\n(a) is subject to another restraining order; and\n\n(b) is forfeited to the Minister by or under this Act to satisfy a purpose for which that other restraining order was made.\n\n","sortOrder":48},{"sectionNumber":"28","sectionType":"section","heading":"Registration of restraining order","content":"\t28 Registration of restraining order\n\nS. 28(1) amended by No. 44/2022 s. 52.\n\n(a) a restraining order applies to property of a particular kind; and\n\n(b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—\n\nthe relevant registration authority under that law must, on application to it by the applicant for the restraining order, a prescribed person or a person belonging to a prescribed class of persons, record on the register as far as practicable the prescribed particulars of the restraining order.\n\n(2) Without limiting subsection (1), if a restraining order or an interstate restraining order registered under Part 15 of this Act relates to land under the operation of the **Transfer of Land Act 1958**, a caveat may be lodged under section 89 of that Act by any person mentioned in that section in relation to that order.\n\n(3) For the purposes of subsection (2) and without limiting that subsection—\n\n(b) if the restraining order directed a trustee to take control of the property, the trustee; or\n\n(c) if an interstate restraining order directed a person to take control of the property, the person or, if that person entered into an agreement with a trustee to act as the agent of the person, the trustee—\n\nis deemed to be a person mentioned in section 89 of the **Transfer of Land Act 1958**.\n\nNote to s. 28 inserted by No. 42/2007 s. 18(Sch. item 8).\n\nS. 28A inserted by No. 44/2022 s. 53.\n\n","sortOrder":49},{"sectionNumber":"28A","sectionType":"section","heading":"No mortgage, charge or encumbrance to be registered on land subject to restraining order","content":"\t28A No mortgage, charge or encumbrance to be registered on land subject to restraining order\n\n(1) The Registrar of Titles must not register or record a mortgage, charge or encumbrance on land under the **Transfer of Land Act 1958** or the **Property Law Act 1958** if a restraining order is registered on the land except—\n\n(a) as otherwise permitted by or under this Act; or\n\n(b) in accordance with an order of a court.\n\n(2) A mortgage, charge or encumbrance on land that is registered, notified or saved in contravention of subsection (1) does not bind or affect the land.\n\nSee also section 42.\n\n","sortOrder":50},{"sectionNumber":"29","sectionType":"section","heading":"Contravention of restraining order","content":"\t29 Contravention of restraining order\n\n(1) A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, an interest in property to which the order applies is guilty of an indictable offence and liable to—\n\n(b) a level 5 fine (1200 penalty units maximum) or a fine not exceeding the value of the interest (as determined by the court), whichever is greater—\n\nS. 29(2) amended by No. 42/2007 s. 18(Sch. item 9).\n\n(2) If the prescribed particulars referred to in section 28(1) are recorded as required by that section, a person who disposes of, or otherwise deals with, an interest in the property after the recording of those particulars is, for the purposes of subsection (1), to be taken to know of the restraining order.\n\n","sortOrder":51},{"sectionNumber":"30","sectionType":"section","heading":"Priority given to payment of restitution or compensation","content":"\t30 Priority given to payment of restitution or compensation\n\nIf a restraining order is made for a purpose referred to in section 15(1)(e) and one or more other purposes and an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to the offence in reliance on which the restraining order is made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, to the value of the restrained property, before any other purpose for which the restraining order is made.\n\nS. 31 amended by No. 43/1998  \ns. 15(1)(b)(2) (ILA s. 39B(1)).\n\n","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"State to pay restitution and compensation out of forfeited property etc.","content":"\t31 State to pay restitution and compensation out of forfeited property etc.\n\nS. 31(1)(a) repealed by No. 43/1998  \ns. 15(1)(a).\n\nS. 31(1)(b) amended by No. 44/2022 s. 54(1).\n\n(b) property is forfeited by or under this Act, or a pecuniary penalty order is made, in relation to an offence; and\n\nS. 31(1)(c) amended by No. 44/2022 s. 54(2).\n\n(c) an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to that offence or a related offence or damages are awarded in relation to that offence or a related offence—\n\nthe State must satisfy, subject to subsection (2), to the value of the property forfeited or the amount of the penalty paid (less conversion costs), the order for restitution, compensation or damages.\n\nS. 31(2) inserted by No. 43/1998  \ns. 15(2).\n\n(2) If, in relation to an offence, the value of the property forfeited and the amount of the penalty paid (less conversion costs) are less than the sum of orders for restitution, compensation or damages, the State must pay to each person awarded restitution, compensation or damages an amount calculated in accordance with the formula—\n\nF ![]() V/A\n\nwhere—\n\nF is the value of the property forfeited and the amount of the penalty paid (less conversion costs);\n\nV is a victim's award of restitution, compensation or damages to the extent that it has not been satisfied;\n\nA is the total of awards of restitution, compensation and damages in respect of the offence.\n\nNote to s. 31 inserted by No. 42/2007 s. 18(Sch. item 10).\n\nPt 2A (Heading and ss 31A–31M) inserted by No. 63/2003 s. 10.\n\n","sortOrder":53},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Freezing orders","content":"Part 2A—Freezing orders\n\nS. 31A inserted by No. 63/2003 s. 10.\n\n","sortOrder":54},{"sectionNumber":"31A","sectionType":"section","heading":"Definition","content":"\t31A Definition\n\nS. 31A def. of *authorised* *member of the police force* substituted  \nas *authorised police officer* by No. 37/2014 s. 10(Sch. item 25.4), substituted as *investigative officer* by No. 44/2022 s. 24.\n\n(a) a person authorised under section 31B; or\n\n(b) a person belonging to a class authorised under section 31B; or\n\n(c) a person who holds a prescribed office; or\n\n(d) a person belonging to a prescribed class of investigative officer.\n\nS. 31B inserted by No. 63/2003 s. 10.\n\n","sortOrder":55},{"sectionNumber":"31B","sectionType":"section","heading":"Chief Commissioner of Police may authorise police to apply for freezing orders","content":"\t31B Chief Commissioner of Police may authorise police to apply for freezing orders\n\nFor the purposes of applying for a freezing order under this Part, the Chief Commissioner of Police may authorise in writing the following—\n\nS. 31B(a) amended by No. 37/2014 s. 10(Sch. item 25.5).\n\nS. 31B(b) amended by No. 37/2014 s. 10(Sch. item 25.5).\n\n(b) a class of police officer.\n\nS. 31C inserted by No. 63/2003 s. 10.\n\n","sortOrder":56},{"sectionNumber":"31C","sectionType":"section","heading":"Freezing order","content":"\t31C Freezing order\n\nS. 31C(1) amended by No. 44/2022 s. 4(1).\n\n(1) A freezing order is an order that a financial institution must not allow a person to transact in relation to a specified account—\n\n(a) that is held in the person's name or in the name of the person and another person; or\n\n(b) in which the person has an interest—\n\nexcept in the manner and circumstances (if any) specified in the order.\n\nS. 31C(2) substituted by No. 44/2022 s. 4(2).\n\n(2) Despite subsection (1), a financial institution may accept deposits into an account in relation to which the freezing order was made after the order takes effect.\n\nS. 31C(2A) inserted by No. 44/2022 s. 4(2).\n\n(2A) For the purposes of a freezing order, any money or digital asset deposited into the account after the freezing order was made is subject to the freezing order.\n\n(3) A freezing order does not prevent a financial institution from making withdrawals from an account for the purpose of meeting a liability imposed on the financial institution in connection with that account by any law of the State or the Commonwealth.\n\nS. 31D inserted by No. 63/2003 s. 10.\n\n","sortOrder":57},{"sectionNumber":"31D","sectionType":"section","heading":"Application for freezing order","content":"\t31D Application for freezing order\n\nS. 31D(1) amended by Nos 37/2014 s. 10(Sch. item 25.5), 44/2022 s. 25.\n\n(1) An investigative officer may apply to the Magistrates' Court for a freezing order if the applicant believes on reasonable grounds that—\n\n(a) the person in whose name the account is held in respect of which the freezing order is sought or a person who has an interest in that account—\n\nS. 31D(1)(a)(i) amended by Nos 87/2004 s. 22(1)(c), 55/2014 s. 28(a).\n\nS. 31D(1)(a)(iii) amended by No. 55/2014 s. 28(b).\n\n(iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; and\n\n(b) an application for a restraining order is likely to be made in respect of property in which the person—\n\n(i) in whose name the account is held has an interest; or\n\n(ii) who has an interest in the account in respect of which a freezing order is sought, has an interest.\n\nS. 31D(1A) inserted by No. 68/2010 s. 46(1), amended by Nos 37/2014 s. 10(Sch. item 25.5), 44/2022 s. 25.\n\n(1A) An investigative officer may apply to the Magistrates' Court for a freezing order if the applicant suspects on reasonable grounds that—\n\nS. 31D(1A)(a) amended by No. 44/2022 s. 5(1)(a).\n\n(a) the relevant account contains money or is associated with a digital asset which is tainted property in relation to a Schedule 2 offence; and\n\nS. 31D(1A)(b) amended by No. 44/2022 s. 5(1)(b).\n\n(b) an application for a civil forfeiture restraining order is likely to be made in respect of property which is money in, or a digital asset associated with, the account.\n\nS. 31D(1B) inserted by No. 79/2014 s. 12(1), amended by No. 44/2022 ss 5(2), 25, substituted by No. 26/2024 s. 7.\n\n(1B) An investigative officer may apply to the Magistrates' Court for a freezing order in respect of an account if—\n\n(a) the applicant suspects on reasonable grounds that the person in whose name the account is held or a person who has an interest in the account—\n\n(i) has engaged in serious criminal activity; or\n\n(ii) has an interest in property that was not lawfully acquired; or\n\n(iii) has wealth that exceeds the person's lawfully acquired wealth; and\n\n(b) an application for an unexplained wealth restraining order is likely to be made in respect of money held in, or a digital asset associated with, that account.\n\nS. 31D(2) amended by Nos 68/2010 s. 46(2), 79/2014 s. 12(2).\n\n(2) Subject to this section and section 31E, an application under subsection (1), (1A) or (1B) must be supported by an affidavit setting out—\n\n(a) the grounds on which the freezing order is sought; and\n\n(b) the name or names in which the relevant account is held; and\n\n(c) the financial institution with which the account is held; and\n\n(d) the account number or, if this is not known to the applicant, a description of the account that is sufficient to identify the account.\n\nS. 31D(3) amended by No. 6/2018 s. 68(Sch. 2 item 26.2).\n\n(3) If the applicant for a freezing order believes that it is impracticable for an affidavit to be prepared and sworn or affirmed before the application is made, an application may be made before an affidavit is prepared or sworn or affirmed.\n\n(4) If subsection (3) applies, the applicant for a freezing order must—\n\n(a) provide as much information as the Magistrates' Court considers is reasonably practicable in the circumstances; and\n\nS. 31D(4)(b) amended by No. 6/2018 s. 68(Sch. 2 item 26.3).\n\n(b) not later than the day following the making of the application, send a duly sworn or affirmed affidavit to the venue of the Magistrates' Court that determined the application, whether or not a freezing order has been made.\n\nS. 31D(5) amended by No. 37/2014 s. 10(Sch. item 25.5).\n\n(5) In addition to the powers of the Magistrates' Court under section 126 of the **Magistrates' Court Act 1989**,  the Court may order that the whole or any part of the proceedings for an application for a freezing order be heard in closed court if the Court is of the opinion that it is necessary to do so in order not to prejudice an investigation by a police officer.\n\nS. 31E (Heading) amended by No. 33/2018 s. 79(1).\n\nS. 31E inserted by No. 63/2003 s. 10.\n\n","sortOrder":58},{"sectionNumber":"31E","sectionType":"section","heading":"Application may be made by telephone or other electronic communication","content":"\t31E Application may be made by telephone or other electronic communication\n\nS. 31E(1) amended by Nos 27/2016 s. 10, 33/2018 s. 79(2)(a), 44/2022 s. 26.\n\n(1) An investigative officer may apply under section 31D for a freezing order by telephone, facsimile or other form of electronic communication.\n\nS. 31E(2) amended by Nos 6/2018 s. 68(Sch. 2 item 26.4), 33/2018 s. 79(2)(b).\n\n(2) If transmission by facsimile machine or other electronic communication is available and an affidavit has been prepared, the applicant must transmit a copy of the affidavit, even if the affidavit is not sworn or affirmed, to the venue of the Magistrates' Court that is to determine the application for a freezing order.\n\nS. 31E(3) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).\n\n(3) If an application is made under section 31D in accordance with this section, the applicant, not later than the day following the making of the application, must send the original affidavit duly sworn or affirmed to the venue of the Magistrates' Court that determined the application, whether or not a freezing order has been made.\n\nS. 31F inserted by No. 63/2003 s. 10.\n\n","sortOrder":59},{"sectionNumber":"31F","sectionType":"section","heading":"Making of freezing order","content":"\t31F Making of freezing order\n\nS. 31F(1) amended by No. 68/2010 s. 47(1).\n\n(1) On an application under section 31D(1), the Magistrates' Court may make a freezing order if it is satisfied—\n\n(a) that there are reasonable grounds for believing the matters referred to in paragraphs (a) and (b) of section 31D(1); and\n\nS. 31F(1)(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).\n\n(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and\n\nS. 31F(1)(c) repealed by No. 27/2016 s. 11.\n\nS. 31F(1A) inserted by No. 68/2010 s. 47(2).\n\n(1A) On an application under section 31D(1A), the Magistrates' Court may make a freezing order if it is satisfied—\n\n(a) that there are reasonable grounds for suspecting the matters referred to in section 31D(1A)(a) and (b); and\n\nS. 31F(1A)  \n(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).\n\n(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and\n\nS. 31F(1A)(c) repealed by No. 27/2016 s. 11.\n\nS. 31F(1B) inserted by No. 79/2014 s. 13.\n\n(1B) On an application under section 31D(1B), the Magistrates' Court may make a freezing order if it is satisfied—\n\n(a) that there are reasonable grounds for suspecting the matters referred to in section 31D(1B)(a) and (b); and\n\nS. 31F(1B)  \n(b)(ii) amended by No. 6/2018 s. 68(Sch. 2 item 26.5).\n\n(ii) it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made; and\n\nS. 31F(1B)(c) repealed by No. 27/2016 s. 11.\n\n(2) In determining whether a freezing order should be made, the Magistrates' Court must have regard to—\n\nS. 31F(2)(a) amended by No. 44/2022 s. 6.\n\n(a) the amount of money in, or quantum or value of any digital asset associated with, the account to be frozen; and\n\n(b) whether the account is held in the name of more than one person; and\n\n(c) any hardship that may reasonably be likely to be caused to any person by the order.\n\n(3) A freezing order must specify—\n\n(a) the name of the magistrate constituting the court which made the order; and\n\n(b) the date and time at which the order was made; and\n\n(c) the name of the financial institution with which the account is held; and\n\n(d) the number of the account to be frozen or a description of the account that is sufficient to identify the account; and\n\n(e) any conditions to which the order is subject.\n\n(4) A freezing order must be in the prescribed form.\n\n(5) Subject to subsection (6), if the Magistrates' Court makes a freezing order on an application made in accordance with section 31E, the Court must—\n\n(a) inform the applicant of the terms of the freezing order and the date on which and the time at which it was made; and\n\nS. 31F(5)(b) amended by No. 33/2018 s. 80(a).\n\n(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the freezing order to the applicant.\n\nS. 31F(6) amended by No. 33/2018 s. 80(b).\n\n(6) If a copy of the freezing order has not been transmitted by facsimile machine or other electronic communication, the Magistrates' Court must make a copy of the freezing order available to the applicant as soon as practicable.\n\nS. 31G inserted by No. 63/2003 s. 10.\n\n","sortOrder":60},{"sectionNumber":"31G","sectionType":"section","heading":"Notice of freezing order","content":"\t31G Notice of freezing order\n\nS. 31G(1) amended by Nos 37/2014 s. 10(Sch. item 25.5), 33/2018 s. 81(a), 44/2022 s. 27(1), 26/2024 s. 8(1).\n\n(1) If the Magistrates' Court makes a freezing order and a copy of the order is provided to the applicant in writing at the time the order is made, a police officer or an investigative officer must give to the relevant financial institution—\n\n(a) a copy of the freezing order; and\n\n(b) a notice in the prescribed form which specifies—\n\nS. 31G(1)(b)(i) amended by Nos 68/2010 s. 16(2), 37/2014 s. 10(Sch. item 25.5), 44/2022 ss 27(1), 60, 26/2024 s. 8(1).\n\n(i) that the freezing order takes effect at the time that notice of the freezing order is given to the financial institution and lasts for 5 business days unless the financial institution is otherwise advised by a police officer or an investigative officer that the order—\n\n(A) has ceased to have effect; or\n\n(B) has been extended by court order under section 31I; and\n\n(ii) the effect of sections 31K and 31L.\n\nS. 31G(2) amended by Nos 37/2014 s. 10(Sch. item 25.5), 33/2018 s. 81(a), 44/2022 s. 27(2), 26/2024 s. 8(2).\n\n(2) If the Magistrates' Court makes a freezing order and a copy of the order is not provided to the applicant in writing at the time the order is made, a police officer or an investigative officer must give to the relevant financial institution a notice in the prescribed form which specifies—\n\n(a) the name of the magistrate constituting the court which made the order; and\n\n(b) the date and time at which the order was made; and\n\n(c) the name of the financial institution; and\n\n(d) the number of the account to be frozen or a description of the account that is sufficient to identify the account; and\n\n(e) any conditions to which the order is subject; and\n\nS. 31G(2)(f) amended by Nos 68/2010 s. 16(2), 37/2014 s. 10(Sch. item 25.5), 44/2022 ss 27(2), 60, 26/2024 s. 8(2).\n\n(f) that the freezing order takes effect at the time that notice of the freezing order is given to the financial institution and lasts for 5 business days unless the financial institution is otherwise advised by a police officer or an investigative officer that the order—\n\n(i) has ceased to have effect; or\n\n(ii) has been extended by court order under section 31I; and\n\n(g) the effect of sections 31K and 31L.\n\nS. 31G(3) amended by Nos 68/2010 s. 16(2), 44/2022 s. 60.\n\n(3) A notice under this section must not be given to the relevant financial institution more than 5 business days after a freezing order has been made.\n\nS. 31G(4) amended by No. 33/2018 s. 81(b).\n\n(4) A notice under this section must be given in accordance with section 137 and, without limiting the generality of that section, may be given by facsimile or other electronic communication.\n\n(5) For the purposes of this section, the regulations may prescribe a composite form which incorporates the prescribed notice required by subsection (1) and the prescribed notice required by subsection (2).\n\nS. 31H inserted by No. 63/2003 s. 10.\n\n","sortOrder":61},{"sectionNumber":"31H","sectionType":"section","heading":"When does a freezing order take effect?","content":"\t31H When does a freezing order take effect?\n\n(1) A freezing order takes effect on the date and at the time that notice of the freezing order is given to the financial institution in accordance with section 31G.\n\n(2) Subject to section 31I, a freezing order ceases to be in force on—\n\nS. 31H(2)(a) amended by Nos 68/2010 s. 48(1), 44/2022 ss 7, 61(a).\n\n(a) the making of a restraining order, civil forfeiture restraining order or unexplained wealth restraining order in respect of the money in, or digital asset associated with, the account; or\n\nS. 31H(2)(b) amended by Nos 68/2010 s. 16(1), 44/2022 s. 61(b).\n\n(b) the expiration of 5 business days after the day on which the freezing order took effect—\n\nS. 31I inserted by No. 63/2003 s. 10.\n\n","sortOrder":62},{"sectionNumber":"31I","sectionType":"section","heading":"Extension of freezing orders","content":"\t31I Extension of freezing orders\n\n(1) A person who applied for a freezing order may apply to the Magistrates' Court for an extension of the duration of that freezing order.\n\n(2) On an application under subsection (1), the Magistrates' Court—\n\n(a) must have regard to the matters set out in section 31F(2); and\n\n(b) must not extend the duration of a freezing order unless the Court is satisfied that—\n\nS. 31I(2)(b)(i) amended by Nos 68/2010 s. 48(2)(a), 44/2022 ss 8(1), 62(1)(a).\n\n(i) an application for a restraining order, civil forfeiture restraining order or unexplained wealth restraining order in respect of the money in, or digital asset associated with, the account has been made; and\n\nS. 31I(2)(b)(ii) amended by Nos 68/2010 s. 48(2)(b), 44/2022 s. 62(1)(b).\n\n(ii) the application for the restraining order, civil forfeiture restraining order or unexplained wealth restraining order has not been determined.\n\n(3) If the Magistrates' Court extends the duration of a freezing order, the applicant for the extension must give a written notice to the relevant financial institution stating that—\n\n(a) the duration of the freezing order has been extended; and\n\n(b) the extended freezing order ceases to be in force—\n\nS. 31I(3)(b)(i) amended by Nos 68/2010 s. 48(2)(c), 44/2022 ss 8(2), 62(2).\n\n(i) when a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is made in respect of the money in, or digital asset associated with, the account to which the freezing order applies; or\n\nS. 31I(3)(b)(ii) amended by Nos 68/2010 s. 48(2)(c), 44/2022 ss 8(2), 62(2).\n\n(ii) if a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is not made in respect of the money in, or digital asset associated with, the account to which the freezing order applies, when the financial institution is given notice under subsection (5) that the extended freezing order has ceased to be in force.\n\n(4) A written notice under subsection (3) must be given within 6 hours after the Magistrates' Court extends the freezing order.\n\nS. 31I(5) amended by Nos 68/2010 s. 48(2)(d), 44/2022 ss 8(3), 62(3).\n\n(5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order, civil forfeiture restraining order or unexplained wealth restraining order, that order as the case requires, is not made in respect of the money in, or digital asset associated with, the account to which the freezing order applies, the applicant for the extension of the freezing order must give a written notice to the relevant financial institution stating that the extended freezing order has ceased to be in force.\n\nS. 31I(6) amended by Nos 68/2010 s. 48(2)(e), 44/2022 s. 62(4).\n\n(6) A written notice under subsection (5) must be given as soon as practicable, but not more than 6 hours after the application for the restraining order, civil forfeiture restraining order or unexplained wealth restraining order, as the case requires, is determined.\n\n(7) A freezing order that has been extended under subsection (2) ceases to be in force—\n\nS. 31I(7)(a) amended by Nos 68/2010 s. 48(2)(f), 44/2022 ss 8(4), 62(5).\n\n(a) when a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is made in respect of the money in, or digital asset associated with, the account to which the freezing order applies; or\n\nS. 31I(7)(b) amended by Nos 68/2010 s. 48(2)(f), 44/2022 ss 8(4), 62(5).\n\n(b) if a restraining order, civil forfeiture restraining order or unexplained wealth restraining order is not made in respect of the money in, or digital asset associated with, the account to which the freezing order applies, when the financial institution is given notice under subsection (5) that the extended freezing order has ceased to be in force.\n\nS. 31J inserted by No. 63/2003 s. 10.\n\n","sortOrder":63},{"sectionNumber":"31J","sectionType":"section","heading":"Report to Magistrates' Court on freezing order","content":"\t31J Report to Magistrates' Court on freezing order\n\n(1) If a freezing order is made, the person who applied for the freezing order must give a report in writing to the registrar of the Magistrates' Court—\n\n(a) stating whether or not notice of the freezing order was given to the financial institution in accordance with section 31G; and\n\n(b) setting out the date on and time at which the freezing order—\n\n(i) took effect; and\n\n(ii) ceased to be in force; and\n\n(c) stating whether or not the freezing order was extended.\n\n(2) A report under this section must be made—\n\n(a) within 7 days after the freezing order ceases to be in force; or\n\n(b) if notice of the freezing order was not given to the financial institution, within 7 days after the freezing order was made.\n\nS. 31K inserted by No. 63/2003 s. 10.\n\n","sortOrder":64},{"sectionNumber":"31K","sectionType":"section","heading":"Failure to comply with freezing order","content":"\t31K Failure to comply with freezing order\n\n(1) A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order.\n\nS. 31L inserted by No. 63/2003 s. 10.\n\n","sortOrder":65},{"sectionNumber":"31L","sectionType":"section","heading":"Offence to disclose existence of freezing order","content":"\t31L Offence to disclose existence of freezing order\n\n(1) While a freezing order is in force, a financial institution that has been given notice of a freezing order must not disclose the existence or operation of the freezing order to any person except—\n\nS. 31L(1)(a) substituted by No. 37/2014 s. 10(Sch. item 25.6(a)), amended by Nos 44/2022 s. 28(1), 26/2024 s. 9(1).\n\n(a) a police officer or an investigative officer; or\n\n(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or\n\n(c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or\n\n(d) a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made.\n\n(2) While a freezing order is in force, a person to whom the existence or operation of the freezing order is disclosed in accordance with subsection (1) must not—\n\n(a) while he or she is a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1) disclose the existence or operation of the freezing order to any person except another person of that kind for the purpose of—\n\nS. 31L(2)(a)(i) amended by Nos 37/2014 s. 10(Sch. item 25.6(b)), 44/2022 s. 28(2), 26/2024 s. 9(2).\n\n(i) if the disclosure is made by a police officer or an investigative officer, the performance of the police officer's or investigative officer's duties; or\n\n(ii) if the disclosure is made by an officer or agent of the financial institution, ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order; or\n\n(iii) if the disclosure is made by a legal practitioner, giving legal advice or providing representation in relation to the freezing order; or\n\n(b) when he or she is no longer a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1), make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\n(3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b) or (c) of subsection (1) of the existence or operation of a freezing order—\n\n(4) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a) of subsection (1) of the existence or operation of a freezing order for the purposes of a report under section 139A(1).\n\nS. 31L(5) amended by Nos 37/2014 s. 10(Sch. item 25.6(c)), 44/2022 s. 28(3), 26/2024 s. 9(3).\n\n(5) While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.\n\n(6) A reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.\n\n(7) An offence against subsection (1) is a summary offence.\n\nS. 31M (Heading) inserted by No. 104/2003 s. 5(5)(a).\n\nS. 31M inserted by No. 63/2003 s. 10, amended by No. 104/2003 s. 5(5)(b).\n\n","sortOrder":66},{"sectionNumber":"31M","sectionType":"section","heading":"Freezing order to be disregarded for certain purposes","content":"\t31M Freezing order to be disregarded for certain purposes\n\nIf a financial institution is given, or has been given, notice of a freezing order, the fact that the freezing order has been made must be disregarded for the purposes of the application of section 194 or 195A of the **Crimes Act 1958** in relation to the institution.\n\nPart 3—Forfeiture of property\n\nDivision 1—Forfeiture on court order\n\n\t32 Application for forfeiture order\n\nS. 32(1) amended by Nos 87/2004 s. 22(1)(d), 68/2009 s. 97(Sch. item 23.23).\n\n(1) If an accused is convicted of a Schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property.\n\n(2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction.\n\n(3) A court must not grant leave under subsection (2) unless it is satisfied that—\n\n(a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or\n\n(b) necessary evidence became available only after the end of the relevant period; or\n\n(4) The applicant must give written notice of the application—\n\nS. 32(4)(a) amended by Nos 63/2003 s. 11, 68/2009 s. 97(Sch. item 23.23(b)).\n\n(a) to the accused, unless the accused has absconded; and\n\n(5) The court may waive the requirement under subsection (4) to give notice if—\n\nS. 32(5)(a) amended by No. 68/2009 s. 97(Sch. item 23.23(b)).\n\n(a) the accused is present before the court; and\n\n(b) the court is satisfied either that any other person who has an interest in the property is present before the court or that it is fair to waive the requirement despite any such person not being present.\n\n(6) The court may, at any time before the final determination of the application, require the applicant to give notice of the application to any person, in any manner and within any time that the court thinks fit.\n\n(7) Any person notified under subsection (4) or (6) 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 a forfeiture order.\n\n(8) The court may, at any time before the final determination of the application and whether or not the period for making the application has expired, amend the application as it thinks fit, either at the request of the applicant or with the approval of the applicant.\n\n(9) If an application under subsection (1) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or the court which dealt with the earlier application.\n\n(10) A court must not grant leave under subsection (9) unless it is satisfied that—\n\n(a) the property to which the new application relates was derived, realised or identified only after the earlier application was determined; or\n\n","sortOrder":67},{"sectionNumber":"33","sectionType":"section","heading":"Determination of application for forfeiture order","content":"\t33 Determination of application for forfeiture order\n\nS. 33(1) amended by Nos 43/1998  \ns. 36(b), 44/2022 s. 22(1).\n\n(1) On an application under section 32(1), if the court is satisfied that the property is tainted property in relation to the offence, the court may order that the property, or such portion of the property as is specified by the court in the order, be forfeited to the Minister.\n\nS. 33(2) substituted by No. 44/2022 s. 22(2).\n\n(2) A forfeiture order—\n\n(a) must specify interests in property to which it applies; and\n\n(b) may specify the nature, extent or value of the property to which it applies.\n\n(3) If an application is made under section 32(1) to the court before which the person was convicted of the offence before that court has passed sentence for the offence, that court may make a forfeiture order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order.\n\nS. 33(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 9.1).\n\n(4) On an application under section 32(1) a court may, subject to Part 3.10 of the **Evidence Act 2008** and any rules of court, take into account in determining the application any material that it thinks fit, including evidence given in any proceeding relating to the offence in reliance on the conviction of which the application is made and, for this purpose, the whole or any part of the transcript of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application.\n\n(5) In considering whether to make an order under subsection (1) in respect of particular property, the court may have regard to—\n\n(a) the use that is ordinarily made, or had been intended to be made, of the property; and\n\nS. 33(5)(b) substituted by No. 55/2014 s. 14(1).\n\n(b) subject to subsection (5A), any undue hardship that may reasonably be likely to be caused to any person by the order; and\n\n(c) the claim of any person to an interest in the property having regard to the matters specified in section 50(1).\n\nS. 33(5A) inserted by No. 55/2014 s. 14(2).\n\n(5A) For the purposes of subsection (5)(b), when having regard to any hardship caused to the person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence.\n\nS. 33(6) amended by No. 54/2000 s. 25(2).\n\n(6) A court must give priority to an application made under section 84 (restitution order) or Division 2 of Part 4 (compensation order) of the **Sentencing Act 1991** in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the **Sentencing Act 1991** has been determined.\n\n(7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order.\n\n","sortOrder":68},{"sectionNumber":"34","sectionType":"section","heading":"Consent orders","content":"\t34 Consent orders\n\n(1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made.\n\nS. 34(2) amended by No. 43/1998  \ns. 36(c).\n\n(2) A law enforcement agency or an applicant for a forfeiture order must not enter into an agreement to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to the Minister except—\n\nS. 34(2)(d) amended by No. 87/2004 s. 22(1)(e).\n\n(d) with the approval of the Supreme Court or the court before which the person was convicted of the Schedule 1 offence.\n\nPt 3 Div. 1A (Heading and ss. 34A–34C) inserted by No. 63/2003 s. 12.\n\nPt 3 Div. 1A (Heading) amended by No. 68/2010 s. 17.\n\n","sortOrder":69},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Tainted property substitution declaration—forfeiture order","content":"Division 1A—Tainted property substitution declaration—forfeiture order\n\nS. 34A inserted by No. 63/2003 s. 12.\n\n","sortOrder":70},{"sectionNumber":"34A","sectionType":"section","heading":"Interpretation","content":"\t34A Interpretation\n\nS. 34A(1) amended by No. 68/2009 s. 97(Sch. item 23.24).\n\n(1) For the purposes of this Division, property is not available for forfeiture if the accused does not have an interest in the property.\n\n(2) In this Division—\n\n***applicant*** means a person who may apply for—\n\n(a) a forfeiture order; or\n\n(b) a restraining order for the purposes of forfeiture.\n\nS. 34B inserted by No. 63/2003 s. 12.\n\n","sortOrder":71},{"sectionNumber":"34B","sectionType":"section","heading":"Application for tainted property substitution declaration","content":"\t34B Application for tainted property substitution declaration\n\nS. 34B(1) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(a)).\n\n(1) If an accused is convicted of a Schedule 1 offence, an applicant may apply for a tainted property substitution declaration to—\n\n(a) the Supreme Court; or\n\n(b) the County Court; or\n\nS. 34B(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.25(b)).\n\n(c) the court before which the accused was convicted of the offence.\n\n(2) The application under subsection (1) must—\n\n(a) be made in conjunction with an application for a forfeiture order; and\n\nS. 34B(2)(b) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)).\n\n(b) specify property that the accused used or intended to use in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and\n\n(c) specify property which is to be substituted for the property referred to in paragraph (b) that—\n\nS. 34B(2)(c)(i) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)).\n\n(i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and\n\n(ii) is of the same nature or description as the property referred to in paragraph (b).\n\nExample to s. 34B(2)(c) amended by No. 68/2009 s. 97(Sch. item 23.26).\n\nAn accused is convicted of a sexual offence against a child and, in the commission of that offence, the accused used a rented flat although the accused owned a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the accused is tainted property although the rented flat and the flat owned by the accused are not of equal value. (see section 34C(2)).\n\nS. 34C inserted by No. 63/2003 s. 12.\n\n","sortOrder":72},{"sectionNumber":"34C","sectionType":"section","heading":"Court may make tainted property substitution declaration","content":"\t34C Court may make tainted property substitution declaration\n\n(1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters—\n\nS. 34C(1)(a) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).\n\n(a) that the accused used or intended to use the property which is not available for forfeiture in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and\n\n(b) that the property referred to in paragraph (a) is not available for forfeiture; and\n\n(c) that the property which is to be substituted for the property referred to in paragraph (a)—\n\nS. 34C(1)(c)(i) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).\n\n(i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and\n\n(2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property.\n\nS. 34C(3) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).\n\n(3) A court must not make a tainted property substitution declaration in respect of any property if, at the time of the commission of the Schedule 1 offence, the accused did not have an interest in the property.\n\n(4) If the court makes a tainted property substitution declaration in respect of property, that property—\n\n(a) is substituted for the property which is not available for forfeiture; and\n\n(b) is deemed to be tainted property for the purposes of this Act.\n\nDivision 2—Automatic forfeiture after conviction\n\n","sortOrder":73},{"sectionNumber":"35","sectionType":"section","heading":"Automatic forfeiture of restrained property on conviction of certain offences","content":"\t35 Automatic forfeiture of restrained property on conviction of certain offences\n\nS. 35(1) amended by Nos 43/1998  \ns. 36(d), 42/2007 s. 9.\n\nS. 35(1)(a) amended by No. 87/2004 s. 22(1)(h).\n\n(a) a person is convicted of a Schedule 2 offence; and\n\n(b) a restraining order is or was made under Part 2 in respect of property for the purposes of automatic forfeiture in reliance on—\n\nS. 35(1)(b)(i) amended by No. 68/2009 s. 97(Sch. item 23.28(a)).\n\n(i) the conviction of the accused of that offence; or\n\nS. 35(1)(b)(ii) amended by Nos 87/2004 s. 22(1)(h), 68/2009 s. 97(Sch. item 23.28(b)).\n\n(ii) the charging or proposed charging of the accused with that offence or a related offence that is a Schedule 2 offence; and\n\nS. 35(1)(c) amended by No. 68/2010 s. 18(1)(a).\n\n(c) the restrained property is not the subject of an exclusion order under section 22; and\n\nS. 35(1)(ca) inserted by No. 68/2010 s. 18(1)(b).\n\n(ca) the restrained property is not the subject of an application under section 20 that is still pending—\n\nthe restrained property, subject to any declaration under section 23, is forfeited to the Minister on the expiry of 60 days after—\n\n(d) the making of the restraining order; or\n\nS. 35(1)(e) amended by No. 68/2009 s. 97(Sch. item 23.28(a)).\n\n(e) the conviction of the accused—\n\nwhichever is later.\n\nS. 35(2) amended by Nos 43/1998  \ns. 36(d), 68/2010 s. 18(2), 77/2013 s. 5(1).\n\n(2) If an application under section 20 in respect of restrained property is still pending on the expiry of the period of 60 days referred to in subsection (1), the property is forfeited to the Minister—\n\n(a) if the application is refused or dismissed, at the end of the period during which the person may appeal against the refusal or dismissal or, if such an appeal is lodged, when the appeal is abandoned or finally determined without the order having been made; or\n\n(b) if the application is withdrawn or struck out, on that withdrawal or striking out.\n\nS. 35(2A) inserted by No. 77/2013 s. 5(2).\n\n(2A) For the purposes of subsections (1) and (2), an application under section 20 is not pending unless an application under section 20(1) has been made—\n\n(b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (1).\n\nS. 35(3) amended by No. 87/2004 s. 22(1)(h).\n\n(3) If a person is, by reason of section 4(1)(d), deemed to have been convicted of a Schedule 2 offence, the DPP may apply to the Supreme Court or the County Court for an order declaring the date of conviction for the purposes of this section.\n\nS. 35(4) amended by No. 87/2004 s. 22(1)(h).\n\n(4) On an application under subsection (3), the court must not make an order declaring the date of conviction of a person of a Schedule 2 offence unless it is satisfied that the person has absconded.\n\nS. 35A (Heading) amended by No. 87/2004 s. 22(1)(i)(i)\n\nS. 35A inserted by No. 63/2003 s. 13.\n\n","sortOrder":74},{"sectionNumber":"35A","sectionType":"section","heading":"Schedule 2 offences—application for court declaration","content":"\t35A Schedule 2 offences—application for court declaration\n\nS. 35A(1) amended by Nos 87/2004 s. 22(1)(i)(ii), 68/2009 s. 97(Sch. item 23.29).\n\n(1) Subject to subsection (2), the DPP may apply to the court which convicted an accused of an offence for a declaration that the offence was a Schedule 2 offence.\n\nS. 35A(1A) inserted by No. 27/2016 s. 12(1).\n\n(1A) Subject to subsection (2), if an accused is convicted of an offence by the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence.\n\nS. 35A(2) amended by Nos 68/2009 s. 97(Sch. item 23.30), 27/2016 s. 12(2).\n\n(2) An application under subsection (1) or (1A) must not be made if the court which convicted the accused of the offence has already made a finding that the offence was committed in the circumstances specified in Schedule 2 in relation to that offence.\n\nS. 35B (Heading) amended by No. 68/2009 s. 97(Sch. item 23.31).\n\nS. 35B inserted by No. 63/2003 s. 13.\n\n","sortOrder":75},{"sectionNumber":"35B","sectionType":"section","heading":"Applicant to notify accused","content":"\t35B Applicant to notify accused\n\nS. 35B(1) amended by No. 68/2009 s. 97(Sch. item 23.32).\n\n(1) The applicant must give written notice of the application under section 35A to the accused.\n\nS. 35B(2) amended by No. 68/2009 s. 97(Sch. item 23.32).\n\n(2) The court hearing the application under section 35A may waive the requirement to give notice if the accused is present before the court.\n\nS. 35B(3) amended by No. 68/2009 s. 97(Sch. item 23.32).\n\n(3) The accused is entitled to appear and to give evidence at the hearing of the application under section 35A but the absence of the accused does not prevent the court from making a declaration.\n\nS. 35C inserted by No. 63/2003 s. 13, amended by No. 87/2004 s. 22(1)(j).\n\n","sortOrder":76},{"sectionNumber":"35C","sectionType":"section","heading":"Court may make declaration","content":"\t35C Court may make declaration\n\nOn an application under section 35A, the court may make a declaration if satisfied that the offence is a Schedule 2 offence.\n\nS. 36 amended by Nos 43/1998  \ns. 36(e)*,* 63/2003 s. 14 (ILA s. 39B(1)).\n\n","sortOrder":77},{"sectionNumber":"36","sectionType":"section","heading":"Declaration that property has been forfeited","content":"\t36 Declaration that property has been forfeited\n\n(1) If a court makes a restraining order in reliance on—\n\nS. 36(1)(a) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(a)).\n\n(a) the conviction of an accused of a Schedule 2 offence; or\n\nS. 36(1)(b) amended by Nos 87/2004 s. 22(1)(k), 68/2009 s. 97(Sch. item 23.33(b)).\n\n(b) the charging or proposed charging of an accused with a Schedule 2 offence—\n\na person may apply to the court that made that order for a declaration that property that was subject to the restraining order has been forfeited to the Minister under section 35 and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly.\n\nS. 36(2) inserted by No. 63/2003 s. 14.\n\n(2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property.\n\nNote to s. 36 inserted by No. 42/2007 s. 18(Sch. item 11).\n\nPt 3 Div. 3 (Heading and ss 36A–36G) inserted by No. 68/2010 s. 19.\n\n","sortOrder":78},{"sectionNumber":"Div 3","sectionType":"division","heading":"Tainted property substitution declaration—automatic forfeiture","content":"Division 3—Tainted property substitution declaration—automatic forfeiture\n\nS. 36A inserted by No. 68/2010 s. 19.\n\n","sortOrder":79},{"sectionNumber":"36A","sectionType":"section","heading":"Interpretation","content":"\t36A Interpretation\n\n(1) For the purposes of this Division, property is not available for forfeiture if the accused does not have an interest in the property.\n\n(2) In this Division—\n\n***applicant*** means a person who under section 16(2) may apply for a restraining order in relation to a Schedule 2 offence.\n\nS. 36B inserted by No. 68/2010 s. 19.\n\n","sortOrder":80},{"sectionNumber":"36B","sectionType":"section","heading":"Application for tainted property substitution declaration","content":"\t36B Application for tainted property substitution declaration\n\n(1) If property is restrained for the purposes of automatic forfeiture and an application under section 20 is made for an exclusion order under section 22, an applicant may apply for a tainted property substitution declaration to—\n\n(a) the Supreme Court; or\n\n(b) the County Court.\n\nS. 36B(1A) inserted by No. 77/2013 s. 6.\n\n(1A) Subsection (1) applies only if an application under section 20(1) has been made—\n\n(b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in section 35(1).\n\n(2) An application under subsection (1) must be made within 30 days after service on the applicant of notice of the application under section 20.\n\n(3) The court may extend the period within which an application under subsection (1) may be made, whether or not that period has expired, if it is in the interests of justice to do so.\n\n(4) An application under subsection (1) must—\n\n(a) specify property that the accused used or intended to use in or in connection with the commission or alleged commission of the Schedule 2 offence in relation to which the restraining order was made; and\n\n(b) specify property which is to be substituted for the property referred to in paragraph (a) that—\n\n(i) is property in which the accused had an interest at the time that the Schedule 2 offence was committed, or is alleged to have been committed; and\n\nS. 36C inserted by No. 68/2010 s. 19.\n\n","sortOrder":81},{"sectionNumber":"36C","sectionType":"section","heading":"Notice of application","content":"\t36C Notice of application\n\n(1) The applicant must give written notice of an application under section 36B to—\n\n(a) the accused, unless the accused has absconded; and\n\n(b) the applicant under section 20 for an exclusion order under section 22; and\n\n(c) any other person who the applicant has reason to believe has an interest in the restrained property.\n\n(2) The court may, at any time before the final determination of the application, require the applicant to give notice of the application to any person, in any manner and within any time that the court thinks fit.\n\nS. 36D inserted by No. 68/2010 s. 19.\n\n","sortOrder":82},{"sectionNumber":"36D","sectionType":"section","heading":"Right to appear and give evidence","content":"\t36D Right to appear and give evidence\n\nAny person who is given notice under section 36C is entitled to appear and to give evidence at the hearing of the application under section 36B but the absence of a person does not prevent the court from making a tainted property substitution order.\n\nS. 36E inserted by No. 68/2010 s. 19.\n\n","sortOrder":83},{"sectionNumber":"36E","sectionType":"section","heading":"Hearing of application","content":"\t36E Hearing of application\n\n(1) An application under section 36B must not be heard until all charges for Schedule 2 offences against the accused have been finally determined.\n\n(2) In subsection (1)—\n\n***Schedule 2 offence*** means the Schedule 2 offence in relation to which the restraining order was made or a related offence that is a Schedule 2 offence.\n\nS. 36F inserted by No. 68/2010 s. 19.\n\n","sortOrder":84},{"sectionNumber":"36F","sectionType":"section","heading":"Determination of application","content":"\t36F Determination of application\n\n(1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied that—\n\n(a) the accused used or intended to use the property which is not available for forfeiture in or in connection with the commission of the Schedule 2 offence of which the accused is convicted; and\n\n(b) the property referred to in paragraph (a) is not available for forfeiture; and\n\n(c) the property which is to be substituted for the property referred to in paragraph (a)—\n\n(i) is property in which the accused had an interest at the time that the Schedule 2 offence was committed; and\n\n(2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property.\n\n(3) A court must not make a tainted property substitution declaration under this Division in respect of any property if, at the time of the commission of the Schedule 2 offence, the accused did not have an interest in the property.\n\n(4) If the court makes a tainted property substitution declaration under this Division in respect of property, that property—\n\n(a) is substituted for the property which is not available for forfeiture; and\n\n(b) is deemed to be tainted property for the purposes of this Act.\n\nS. 36G inserted by No. 68/2010 s. 19.\n\n","sortOrder":85},{"sectionNumber":"36G","sectionType":"section","heading":"Deemed withdrawal of application","content":"\t36G Deemed withdrawal of application\n\nAn application under section 36B is deemed to have been withdrawn on the acquittal of the accused of all Schedule 2 offences specified in the application.\n\nPt 3 Div. 4 (Heading and ss 36GA, 36GB) inserted by No. 55/2014 s. 29.\n\n","sortOrder":86},{"sectionNumber":"Div 4","sectionType":"division","heading":"Automatic forfeiture of property of serious drug offender","content":"Division 4—Automatic forfeiture of property of serious drug offender\n\nS. 36GA inserted by No. 55/2014 s. 29.\n\n\t36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender\n\n(1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if—\n\n(a) a declaration is made under section 89DI of the **Sentencing Act 1991** that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and\n\n(b) the serious drug offence restraining order is or was made under Part 2 in reliance on—\n\n(i) the conviction of the person of that offence; or\n\n(ii) the charging or proposed charging of the person with that offence or a related offence that is a serious drug offence; and\n\n(c) the restrained property is not the subject of an exclusion order under section 22A; and\n\n(d) the restrained property is not protected property.\n\nS. 36GA(2) amended by No. 27/2016 s. 13(1)(a).\n\n(2) Unless an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister on the expiry of 60 days after the later of—\n\n(a) the making of the restraining order; or\n\nS. 36GA(2)(b) substituted by No. 27/2016 s. 13(1)(b).\n\n(b) the making of the declaration under section 89DI of the **Sentencing Act 1991**.\n\nS. 36GA(3) amended by No. 27/2016 s. 13(2).\n\n(3) If, on the expiry of the 60 days referred to in subsection (2), an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister—\n\n(a) if the application is refused or dismissed—\n\n(i) at the end of the period during which the person may appeal against the refusal or dismissal; or\n\n(ii) if an appeal against the refusal or dismissal is lodged—when the appeal is abandoned or finally determined without the order having been made; or\n\n(b) if the application is withdrawn or struck out—on that withdrawal or striking out.\n\nS. 36GA(4) amended by No. 27/2016 s. 13(3).\n\n(4) For the purposes of subsections (2) and (3), an application for an exclusion order under section 22A is not pending unless an application under section 20(1) has been made—\n\n(b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (2).\n\nS. 36GB inserted by No. 55/2014 s. 29.\n\n\t36GB Declaration that property has been forfeited\n\n(1) If a court makes a serious drug offence restraining order, a person may apply to the court that made the order for a declaration that property that was subject to the serious drug offence restraining order has been forfeited to the Minister under section 36GA and the court, if satisfied that the property has been forfeited to the Minister under that section, must make a declaration accordingly.\n\n(2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property.\n\nPt 4 (Heading and ss 37–40) amended by Nos 43/1998 ss 16, 36(f)(g), 63/2003 s. 15, 87/2004 ss 15–17, 42/2007 s. 18(Sch. items 12–14), substituted as Pt 4  \n(Heading and ss 36H–40B) by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).[[1]](#endnote-2)\n\n","sortOrder":87},{"sectionNumber":"Part 4","sectionType":"part","heading":"Civil forfeiture regime","content":"Part 4—Civil forfeiture regime\n\n","sortOrder":88},{"sectionNumber":"Div 1","sectionType":"division","heading":"Civil forfeiture restraining orders","content":"Division 1—Civil forfeiture restraining orders\n\nS. 36H inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":89},{"sectionNumber":"36H","sectionType":"section","heading":"Civil forfeiture restraining orders","content":"\t36H Civil forfeiture restraining orders\n\n(1) A civil forfeiture restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt with by any person except in the manner and circumstances (if any) specified in the order.\n\n(2) If a provision of this Act confers a power to apply for a civil forfeiture restraining order in respect of property in which a person has an interest, the application may be made in respect of one or more of the following—\n\n(c) specified property of the person and all other property of the person, including property acquired after the making of the order;\n\n(d) all the property of the person, including property acquired after the making of the order, other than specified property;\n\nS. 36H(3) substituted by No. 55/2014 s. 56.\n\n(3) If the Supreme Court or the County Court, when making a civil forfeiture restraining order, considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—\n\nS. 36H(3)(b) amended by Nos 20/2015 s. 7, 26/2024 s. 10(1)(a).\n\nS. 36H(3)(c) inserted by No. 26/2024 s. 10(1)(b).\n\n(c) any other person specified by the Supreme Court or the County Court (as the case requires) in the order.\n\nS. 36H(3A) inserted by No. 26/2024 s. 10(2).\n\n(3A) The Supreme Court or the County Court, when making a civil forfeiture restraining order, has power to give any other directions that are necessary to give effect to the civil forfeiture restraining order.\n\n(4) A civil forfeiture restraining order may, at the time it is made or at a later time, provide for meeting—\n\n(b) reasonable business expenses—\n\nof any person to whose property the order applies if the Supreme Court or County Court, as the case requires, that makes or made the order is satisfied that these expenses cannot be met from unrestrained property or income of the person.\n\nS. 36H(5) amended by No. 26/2024 s. 10(3).\n\n(5) Subject to subsection (5A), the Supreme Court or the County Court, in making a civil forfeiture restraining order, must not provide for the payment of legal expenses in respect of any legal proceeding, whether criminal or civil.\n\nS. 36H(5A) inserted by No. 26/2024 s. 10(4).\n\n(5A) The Supreme Court or the County Court may provide for the payment of legal expenses incurred by a mortgagee of property specified in the civil forfeiture restraining order in a civil proceeding relating to the exercise of the mortgagee's power of sale over the restrained property, provided those expenses—\n\n(6) Subject to subsections (4) and (5), a civil forfeiture restraining order may be made subject to any conditions that the court making the order thinks fit.\n\n(7) The Supreme Court or the County Court, as the case requires, may refuse to make a civil forfeiture restraining order if the DPP or another person or body on behalf of the State refuses or fails to give to the court any undertakings that the court considers appropriate concerning the payment of damages or costs in relation to the making and operation of the order.\n\nS. 36I inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":90},{"sectionNumber":"36I","sectionType":"section","heading":"Purpose for which a civil forfeiture restraining order may be made","content":"\t36I Purpose for which a civil forfeiture restraining order may be made\n\n(1) A civil forfeiture restraining order may be made to preserve property or an interest in property in order that the property or interest will be available to satisfy any civil forfeiture order that may be made under Division 2.\n\n(2) If the Supreme Court or the County Court makes a civil forfeiture restraining order in respect of property or an interest in property, the civil forfeiture restraining order must state that the property or interest is restrained to preserve property or an interest in property so that the property or interest will be available to satisfy a civil forfeiture order.\n\nS. 36J inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 55/2014 ss 4, 30, substituted by No. 79/2014 s. 14.\n\n **36J Property may be subject to both civil forfeiture restraining order and other orders**\n\n(1) In addition to being subject to a civil forfeiture restraining order, property or an interest in property may be subject to either or both of the following—\n\n(a) a restraining order under Part 2;\n\n(b) an unexplained wealth restraining order.\n\n(2) If a civil forfeiture restraining order and a restraining order under Part 2 made for the purposes of section 15(1)(a), (b) or (c) or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the civil forfeiture restraining order, to the extent to which it applies to that property or interest in property, remains in operation until the earliest of the following—\n\n(a) the property being able to be disposed of in accordance with section 44(2) because automatic forfeiture has occurred under section 35 in relation to a Schedule 2 offence;\n\n(b) the property being able to be disposed of in accordance with section 44(2) because the property has been forfeited under section 36GA on the owner of the property being declared to be a serious drug offender;\n\n(c) the property being able to be disposed of in accordance with section 44(2) because a forfeiture order under Division 1 of Part 3 has been made in relation to the same property or interest in property to which the civil forfeiture restraining order applies;\n\n(d) the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA;\n\n(e) the civil forfeiture restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 36X;\n\n(f) the property or interest in property being excluded from the operation of the civil forfeiture restraining order by a civil forfeiture exclusion order.\n\nS. 36K inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":91},{"sectionNumber":"36K","sectionType":"section","heading":"Application for civil forfeiture restraining order","content":"\t36K Application for civil forfeiture restraining order\n\nS. 36K(1) amended by Nos 37/2014 s. 10(Sch. item 25.7(a)), 55/2014 s. 5(1).\n\n(1) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a civil forfeiture restraining order in respect of property if a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property.\n\nS. 36K(2) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(i)).\n\n(2) An application under subsection (1) must be supported by an affidavit of a police officer or a person authorised by or under an Act to prosecute the relevant type of offence (as the case requires)—\n\nS. 36K(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.7(b)(ii), 55/2014 s. 5(1).\n\n(b) stating that the police officer or the person suspects that the property is tainted property; and\n\nS. 36K(2)(c) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(ii).\n\n(c) setting out the grounds on which the police officer or the person has that suspicion.\n\nS. 36K(3) amended by No. 55/2014 s. 5(2).\n\n(3) An application for a civil forfeiture restraining order does not need to specify a particular person alleged to have committed the Schedule 2 offence or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property.\n\nS. 36K(4) amended by No. 79/2014 s. 15.\n\n(4) An application for a restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application for a civil forfeiture restraining order being made in relation to the same property or interest in property.\n\n(5) An application for a civil forfeiture restraining order may be made more than once.\n\n(6) Without limiting the operation of this section, an application for a civil forfeiture restraining order may be made—\n\nS. 36K(6)(a) amended by No. 55/2014 s. 5(3)(a).\n\n(a) in relation to different property or a different interest in property in respect of the same Schedule 2 offence or offences; or\n\nS. 36K(6)(b) amended by No. 55/2014 s. 5(3)(b).\n\n(b) in relation to the same property or interest in property in respect of a different Schedule 2 offence or different Schedule 2 offences.\n\nS. 36L inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":92},{"sectionNumber":"36L","sectionType":"section","heading":"Procedure on application for civil forfeiture restraining order","content":"\t36L Procedure on application for civil forfeiture restraining order\n\n(1) On an application under section 36K, if the Supreme Court or the County Court, as the case requires, having regard to the matters referred to in subsection (2), is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant for a civil forfeiture restraining order to give notice of the application for that order to any person whom the court has reason to believe has an interest in the property that is the subject of the application.\n\n(2) In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—\n\n(a) the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose of civil forfeiture; and\n\n(b) any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and\n\n(c) any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and\n\n(d) the provision made by this Act to enable a person claiming an interest in property the subject of a civil forfeiture restraining order to apply for a section 36V exclusion order to protect that interest from the operation of the civil forfeiture restraining order; and\n\n(e) the limited duration of a civil forfeiture restraining order; and\n\n(3) In determining whether to direct an applicant to give notice of an application for a civil forfeiture restraining order, the court may have regard to any other matter that the court considers relevant.\n\n(4) If the court does not require notice of an application for a civil forfeiture restraining order to be given under subsection (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.\n\n(5) Any person notified under subsection (1) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a civil forfeiture restraining order.\n\n(6) The court may—\n\n(b) order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or\n\n(c) make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.\n\n(7) The court must cause a copy of any order made under subsection (6) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.\n\n(8) A person must not contravene an order posted under subsection (7).\n\nS. 36M inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 55/2014 s. 6(2) (ILA s. 39B(1)).\n\n","sortOrder":93},{"sectionNumber":"36M","sectionType":"section","heading":"Determination of application for civil forfeiture restraining order","content":"\t36M Determination of application for civil forfeiture restraining order\n\n(1) On an application under section 36K for a civil forfeiture restraining order, the Supreme Court or the County Court, as the case requires, must make a civil forfeiture restraining order if it is satisfied that—\n\nS. 36M(1)(a) amended by No. 55/2014 s. 6(1).\n\n(a) the deponent of the affidavit supporting the application does suspect that the property is tainted property; and\n\n(b) there are reasonable grounds for that suspicion.\n\nS. 36M(2) inserted by No. 55/2014 s. 6(2).\n\n(2) To avoid doubt, if an application under section 36K for a civil forfeiture restraining order in respect of property is made in relation to more than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify—\n\n(a) in relation to which of the Schedule 2 offence or offences the property is tainted; or\n\n(b) the extent to which the property is tainted in relation to each of the Schedule 2 offences.\n\nS. 36N inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":94},{"sectionNumber":"36N","sectionType":"section","heading":"Notice of civil forfeiture restraining order to be given to persons affected","content":"\t36N Notice of civil forfeiture restraining order to be given to persons affected\n\n(a) a civil forfeiture restraining order is made in respect of property of a person; and\n\n(b) notice had not been given to that person of the application for the civil forfeiture restraining order—\n\nthe applicant must give written notice of the making of the civil forfeiture restraining order to that person.\n\n(2) If a person to whom notice must be given under subsection (1) cannot be found after all reasonable steps have been taken to locate the person, the applicant must—\n\n(a) cause to be published in a newspaper circulating generally in Victoria a notice containing details of the civil forfeiture restraining order; or\n\n(b) give notice to that person in any other manner that the court directs.\n\nSection 36H provides that a civil forfeiture restraining order may be made in respect of property or an interest in property.\n\nS. 36O inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":95},{"sectionNumber":"36O","sectionType":"section","heading":"Notice requiring declaration of property interests","content":"\t36O Notice requiring declaration of property interests\n\nS. 36O(1) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(1) If a civil forfeiture restraining order is made in respect of property, a police officer must give a notice to each person who the applicant for the civil forfeiture restraining order believes has an interest in that property requiring the person to give to the police officer a written declaration of property interests.\n\n(b) state the effect of section 36R.\n\nS. 36P inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":96},{"sectionNumber":"36P","sectionType":"section","heading":"What must be included in a declaration of property interests?","content":"\t36P What must be included in a declaration of property interests?\n\n(1) A person who has been given a notice under section 36O must provide a written declaration of property interests that states whether that person—\n\n(a) has an interest in the property; and\n\n(b) believes that any other person has an interest in the property.\n\n(2) If the person making the declaration of property interests states that the person has an interest in the property, the person must also state in the declaration the nature and extent of that interest, including—\n\n(a) in relation to a mortgage, the current value of the debt secured by the mortgage;\n\n(b) in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\n(3) If the person making the declaration of property interests believes that any other person has an interest in the property, the person making the declaration must state to the best of his or her knowledge the name and address of every other person who has an interest in the property.\n\n2 The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage.\n\n3 The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nS. 36R inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":97},{"sectionNumber":"36R","sectionType":"section","heading":"Offences","content":"\t36R Offences\n\nS. 36R(1) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(1) A person who is given a notice under section 36O must not, without reasonable excuse, fail to give the declaration of property interests required by that notice to a police officer within 14 days after the notice is given to the person.\n\n(3) A person who is given a notice under section 36O must not make a statement in the declaration of property interests required by that notice that is false or misleading in a material particular.\n\nS. 36S inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":98},{"sectionNumber":"36S","sectionType":"section","heading":"Court directions to provide information","content":"\t36S Court directions to provide information\n\n(1) If a person who has been given a notice under section 36O—\n\n(a) is convicted of an offence under section 36R(1) or (3); and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 36O—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests.\n\n(2) If a person who has been given a notice under section 36O—\n\nS. 36S(2)(a) amended by No. 55/2014 s. 7.\n\n(a) is convicted of a Schedule 2 offence in relation to which the civil forfeiture restraining order was made; and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 36O; and\n\n(c) does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 36O—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests.\n\nS. 36T inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":99},{"sectionNumber":"36T","sectionType":"section","heading":"Admissibility of statement","content":"\t36T Admissibility of statement\n\n(1) A statement made by a person in a declaration of property interests given in response to a notice under section 36O is admissible against that person in—\n\n(2) Any information, document or other thing obtained as a direct or indirect consequence of making a statement in a declaration of property interests given in response to a notice under section 36O is admissible against that person in—\n\nS. 36U inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":100},{"sectionNumber":"36U","sectionType":"section","heading":"Application for exclusion from civil forfeiture restraining order","content":"\t36U Application for exclusion from civil forfeiture restraining order\n\n(1) If the Supreme Court or the County Court makes a civil forfeiture restraining order against property, any person claiming an interest in the property may apply to the Court that made that order for a section 36V exclusion order.\n\n(2) An application under subsection (1) must be made—\n\n(a) if notice is required to be given under section 36N, within 30 days after service of notice of the making of the civil forfeiture restraining order; or\n\n(b) in any other case, within 30 days after the making of the civil forfeiture restraining order.\n\nS. 36U(3) amended by No. 77/2013 s. 7(1).\n\n(3) Subject to subsection (3A), the court may extend the period within which an application may be made, whether or not that period has expired, if it is in the interests of justice to do so.\n\nS. 36U(3A) inserted by No. 77/2013 s. 7(2).\n\n(3A) The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act.\n\n(4) An applicant must give notice of the application, and, subject to subsection (9), of the grounds on which it is made—\n\n(a) to the applicant for the civil forfeiture restraining order; and\n\n(5) Any person referred to in subsection (4) is entitled to appear and to give evidence at the hearing of an application for a section 36V exclusion order but the absence of that person does not prevent the court from making a section 36V exclusion order.\n\n(6) If the person referred to in subsection (4)(a) proposes to contest an application for a section 36V exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested.\n\nS. 36U(7)(a) amended by No. 55/2014 s. 8(1)(a).\n\nS. 36U(7)(b) amended by No. 55/2014 s. 8(1)(b).\n\nany statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(8) If—\n\nS. 36U(8)(a) amended by No. 55/2014 s. 8(2)(a).\n\nS. 36U(8)(b) amended by No. 55/2014 s. 8(2)(b).\n\nany information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(9) If—\n\nS. 36U(9)(a) amended by No. 55/2014 s. 8(3)(a).\n\nS. 36U(9)(b) amended by No. 55/2014 s. 8(3)(b).\n\n(b) a person claiming an interest in the property is charged with a Schedule 2 offence; and\n\n(c) that person applies for a section 36V exclusion order—\n\nthe person need not give notice of the grounds on which the application is made until the charge against the person is finally determined or is withdrawn.\n\n(10) Any person referred to in subsection (4) may apply to the court for an order that the hearing of the application for a section 36V exclusion order be stayed until the charge referred to in subsection (9)(b)—\n\n1 Section 36H provides that a civil forfeiture restraining order may be made in respect of property or an interest in property.\n\n2 Section 36W enables the court to make orders varying the property to which the civil forfeiture restraining order relates.\n\nS. 36V inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":101},{"sectionNumber":"36V","sectionType":"section","heading":"Determination of application for exclusion from civil forfeiture restraining order","content":"\t36V Determination of application for exclusion from civil forfeiture restraining order\n\n(1) On an application under section 36U, the Supreme Court or the County Court, as the case requires, may make an order—\n\n(a) excluding the applicant's interest in the property from the operation of the civil forfeiture restraining order if the court is satisfied that—\n\n(i) the property is not derived property; and\n\n(ii) the property is not tainted property; or\n\n(b) excluding the applicant's interest in the property from the operation of the civil forfeiture restraining order if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—\n\nS. 36V(1)(b)(i) substituted by No. 55/2014 s. 9(1)(a).\n\n(i) the applicant was not, in any way, involved in the commission of any relevant Schedule 2 offence; and\n\nS. 36V(1)(b)(ii) substituted by No. 55/2014 s. 9(1)(a).\n\n(ii) where the applicant acquired the interest before the commission, or alleged commission, of the relevant Schedule 2 offences, the applicant did not know that the property—\n\n(A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or\n\n(B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and\n\nS. 36V(1)(b)(iii) amended by No. 55/2014 s. 9(1)(b).\n\n(iii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the relevant Schedule 2 offences, 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\n\n(iv) the applicant's interest in the property—\n\n(A) was not subject to the effective control of another person on the date that the civil forfeiture restraining order was made in relation to the property; or\n\n(B) was subject to the effective control of another person on the date that the civil forfeiture restraining order was made in relation to the property but the person in effective control satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person in effective control; and\n\n(v) where the applicant acquired the interest, directly or indirectly, from another person that—\n\n(A) it was acquired for sufficient consideration; or\n\n(B) if it was not acquired for sufficient consideration, the person from whom the interest was acquired satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person from whom the interest was acquired.\n\n(2) If the court makes an order under subsection (1) the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nS. 36V(3) inserted by No. 55/2014 s. 9(2).\n\n***relevant Schedule 2 offence*** means a Schedule 2 offence in relation to which the civil forfeiture restraining order was made.\n\nS. 36W inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":102},{"sectionNumber":"36W","sectionType":"section","heading":"Further orders","content":"\t36W Further orders\n\n(1) The Supreme Court or the County Court, as the case requires, may make any orders in relation to the property to which the civil forfeiture restraining order relates as it considers just.\n\n(2) An order under subsection (1) may be made—\n\n(a) when the court makes a civil forfeiture restraining order; or\n\n(b) at any later time.\n\n(3) An order under subsection (1) may be made on the application of—\n\n(b) a person to whose property the civil forfeiture restraining order relates or who has an interest in that property; or\n\n(c) a trustee, if the civil forfeiture restraining order directed the trustee to take control of property; or\n\n(d) a prescribed person, or a person belonging to a prescribed class of persons; or\n\n(4) Any person referred to in subsection (3) is entitled to appear and to give evidence at the hearing of an application under this section but the absence of that person does not prevent the court from making an order.\n\n(5) The applicant for an order under subsection (1) must give written notice of the application to each other person referred to in subsections (3)(a) to (3)(d) who could have applied for the order.\n\n(6) Examples of the kind of order that the court may make under subsection (1) are—\n\n(a) an order varying the property to which the civil forfeiture restraining order relates;\n\n(b) an order varying any condition to which the civil forfeiture restraining order is subject;\n\n(c) an order providing for the reasonable living expenses and reasonable business expenses of any person referred to in section 36H(4);\n\n(d) an order relating to the carrying out of any undertaking given under section 36H(7) in relation to the civil forfeiture restraining order;\n\n(f) an order directing any person whose property the civil forfeiture restraining order relates to or any other person to furnish to such person as the court directs, within the period specified in the order, a statement, verified by the oath or affirmation of that person, setting out such particulars of the property to which the civil forfeiture restraining order relates as the court thinks proper;\n\n(g) an order directing any relevant registration authority not to register any instrument affecting property to which the civil forfeiture restraining order relates while it is in force except in accordance with the order;\n\nS. 36W(6)(h) amended by No. 55/2014 s. 57(a).\n\n(h) if the civil forfeiture restraining order did not direct a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property in accordance with section 36H(3), an order directing a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property at any later time specified in the order under subsection (1);\n\nS. 36W(6)(i) amended by No. 55/2014 s. 57(b)(i).\n\n(i) if the civil forfeiture restraining order directed a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property—\n\nS. 36W(6)(i)(i) amended by No. 55/2014 s. 57(b)(ii).\n\n(i) an order regulating the manner in which the trustee or the person holding a prescribed position may exercise powers or perform duties under the civil forfeiture restraining order;\n\n(j) an order directing a person to whose property the civil forfeiture restraining order relates or who has an interest in that property to use or manage specified property to which the civil forfeiture restraining order relates, subject to conditions specified in the order;\n\n(k) an order directing a person prescribed for the purposes of subsection (3)(d), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the civil forfeiture restraining order relates.\n\nS. 36X inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":103},{"sectionNumber":"36X","sectionType":"section","heading":"Duration and setting aside of civil forfeiture restraining order","content":"\t36X Duration and setting aside of civil forfeiture restraining order\n\n(1) A civil forfeiture restraining order ceases to be in force on the expiry of 90 days after it is made unless an application for a civil forfeiture order in respect of the restrained property is then pending before the Supreme Court or the County Court.\n\n(2) While a civil forfeiture restraining order in respect of an interest in property is in force, if the court that made the civil forfeiture restraining order makes a civil forfeiture order in respect of the interest, that court may—\n\n(a) make an order setting aside the civil forfeiture restraining order in respect of the whole or a specified part of the interest; or\n\n(b) make any other order it considers appropriate in relation to the operation of the civil forfeiture restraining order.\n\n(3) The court that made the civil forfeiture restraining order may make an order setting aside a civil forfeiture restraining order on the application of a person if the person gives undertakings satisfactory to the court concerning the person's property.\n\n(4) An order under subsection (2) or (3) may be made so as—\n\n(a) to set aside the civil forfeiture restraining order wholly or in part; and\n\n(b) to take effect—\n\n(i) on the making of the first-mentioned order; or\n\n(ii) at a specified time; or\n\n(iii) if relevant, on the payment of money or the transfer of any interest in property to the Minister; or\n\n(iv) on the happening of some other specified event.\n\n(5) When an order referred to in subsection (4) takes effect, the civil forfeiture restraining order ceases to be in force to the extent to which it is set aside.\n\n(6) An order under subsection (2) or (3) may be made on the application of—\n\n(b) any person to whose property the civil forfeiture restraining order relates or who has an interest in that property; or\n\n(c) a trustee, if the civil forfeiture restraining order directed the trustee to take control of property; or\n\n(d) any other person who obtains the leave of the court to apply.\n\n(7) The court that makes a civil forfeiture restraining order may make an order setting aside the civil forfeiture restraining order if the civil forfeiture restraining order is no longer required or appropriate.\n\n(8) An order under subsection (7) may be made on the application of the applicant for the civil forfeiture restraining order.\n\nS. 36Y inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":104},{"sectionNumber":"36Y","sectionType":"section","heading":"Registration of civil forfeiture restraining order","content":"\t36Y Registration of civil forfeiture restraining order\n\n(a) a civil forfeiture restraining order applies to property of a particular kind; and\n\n(b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—\n\nthe relevant registration authority under that law must, on application to it by the applicant for the civil forfeiture restraining order, record on the register the prescribed particulars of the civil forfeiture restraining order.\n\n(2) Without limiting subsection (1), if a civil forfeiture restraining order relates to land under the operation of the **Transfer of Land Act 1958**, a caveat may be lodged under section 89 of that Act by any person referred to in that section in relation to that order.\n\n(3) For the purposes of subsection (2) and without limiting that subsection the following persons are taken to be a person mentioned in section 89 of the **Transfer of Land Act 1958**—\n\n(b) if the civil forfeiture restraining order directed a trustee to take control of the property, the trustee.\n\nSection 36H provides that a restraining order may be made in respect of property or an interest in property.\n\nS. 36Z inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 79/2014 s. 47(a).\n\n","sortOrder":105},{"sectionNumber":"36Z","sectionType":"section","heading":"Contravention of civil forfeiture restraining order","content":"\t36Z Contravention of civil forfeiture restraining order\n\nA person who knowingly contravenes a civil forfeiture restraining order by disposing of, or otherwise dealing with, an interest in property to which the order applies is guilty of an indictable offence and liable to—\n\nS. 36Z(b) amended by No. 79/2014 s. 47(b).\n\n(b) a level 5 fine (1200 penalty units maximum) or a fine not exceeding the value of the interest (as determined by the court), whichever is greater—\n\nS. 36ZA inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n\t36ZA Priority given to payment of restitution or compensation\n\nS. 36ZA(1) amended by No. 55/2014 s. 10.\n\n(1) If both a civil forfeiture restraining order and a restraining order for the purposes of section 15(1)(e) are made in relation to the same property and an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to an offence in reliance on which the civil forfeiture restraining order and the restraining order for the purposes of section 15(1)(e) are made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, in accordance with section 36ZB, to the value of the restrained property, before civil forfeiture of the property which is subject to the civil forfeiture restraining order occurs.\n\n(2) Subsection (1) only applies if—\n\n(a) the property was not subject to a restraining order for a purpose referred to in section 15(1)(a), (b) or (d); or\n\n(b) restitution, compensation or damages have not been fully satisfied in accordance with sections 30 and 31.\n\nS. 36ZB inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n\t36ZB State to pay restitution and compensation out of forfeited property etc.\n\n(a) property is forfeited under this Part in relation to the offence in reliance on which a civil forfeiture restraining order is made; and\n\n(b) an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to that offence or damages are awarded in relation to that offence—\n\nthe State must satisfy, subject to subsection (2), to the value of the property forfeited (less conversion costs), the order for restitution, compensation or damages.\n\n(2) If, in relation to an offence, the value of the property forfeited under this Part (less conversion costs) is less than the sum of orders for restitution, compensation or damages, the State must pay to each person awarded restitution, compensation or damages an amount calculated in accordance with the formula—\n\n**F** ![]() **V/A**\n\nwhere—\n\n **F** is the value of the property forfeited under this Part (less conversion costs);\n\n **V** is a victim's award of restitution, compensation or damages to the extent that it has not been satisfied;\n\n **A** is the total of awards of restitution, compensation and damages in respect of the offence.\n\nDivision 2—Civil forfeiture orders\n\nS. 37 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":106},{"sectionNumber":"37","sectionType":"section","heading":"Application for civil forfeiture order","content":"\t37 Application for civil forfeiture order\n\n(1) If a civil forfeiture restraining order is in force in respect of property, the DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply to the court which made the civil forfeiture restraining order for a civil forfeiture order in respect of the property.\n\nOnly the Supreme Court or the County Court can make a civil forfeiture restraining order.\n\n(2) The applicant must give written notice of the application under subsection (1) to every person who the applicant has reason to believe has an interest in the property.\n\n(3) The court may waive the requirement under subsection (2) to give notice if the court is satisfied either—\n\n(a) that any person who has an interest in the property is present before the court; or\n\n(b) that it is fair to waive the requirement despite any such person not being present.\n\n(4) At any time before the final determination of the application, the court may require the applicant to give notice of the application to any person, in any manner and within any time that the court thinks fit.\n\n(5) Any person notified under subsection (4) 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 a civil forfeiture order.\n\n(6) At any time before the final determination of the application, the court may amend the application as it thinks fit, either—\n\n(a) at the request of the applicant; or\n\n(b) with the approval of the applicant.\n\nS. 37(7) amended by No. 55/2014 s. 11.\n\n(7) If an application under subsection (1) has been finally determined, no further application may be made under that subsection in relation to the same Schedule 2 offence or any one or more of the same Schedule 2 offences, except with the leave of the court.\n\n(8) The court must not grant leave under subsection (7) unless it is satisfied that—\n\n(a) the property to which the new application relates was derived, realised or identified only after the earlier application was determined; or\n\n(9) The court may—\n\n(b) order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or\n\n(c) make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.\n\n(10) The court must cause a copy of any order made under subsection (9) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.\n\n(11) A person must not contravene an order posted under subsection (10).\n\nSection 36H provides that a civil forfeiture restraining order may be made in respect of property or an interest in property.\n\nS. 38 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":107},{"sectionNumber":"38","sectionType":"section","heading":"Determination of application for civil forfeiture order","content":"\t38 Determination of application for civil forfeiture order\n\n(1) On an application under section 37(1) for a civil forfeiture order, the court which made the civil forfeiture restraining order must order that the restrained property be forfeited to the Minister if the court is satisfied that—\n\n(a) the requirements of section 37 as to notice of the application have been complied with; and\n\n(b) not less than 30 days have elapsed since the last notice given in accordance with section 37; and\n\n(c) there are no pending applications for a section 36V exclusion order in relation to the restrained property.\n\nS. 38(1A) inserted by No. 77/2013 s. 8.\n\n(1A) For the purposes of subsection (1), an application for a section 36V exclusion order is not pending unless an application under section 36U(1) has been made—\n\n(a) within the period referred to in section 36U(2); or\n\n(b) where, under section 36U(3), the court has extended the period within which the application may be made—within the period as so extended.\n\nS. 38(2) amended by No. 55/2014 s. 15.\n\n(2) The court may exclude particular property or any particular interest in property from the operation of a civil forfeiture order if satisfied that otherwise undue hardship may reasonably be likely to be caused to any person by the order.\n\n(3) A civil forfeiture order must specify the interests in property to which it applies.\n\n(4) Subject to any rules of court, the court may take into account in determining the application any material that it thinks fit.\n\n(5) The making of a civil forfeiture order does not prevent the making of a pecuniary penalty order.\n\nS. 39 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":108},{"sectionNumber":"39","sectionType":"section","heading":"Consent orders","content":"\t39 Consent orders\n\n(1) The court which made a civil forfeiture restraining order may make a civil forfeiture order by consent of—\n\n(a) the applicant; and\n\n(b) the respondent; and\n\n(c) any person whom it has reason to believe has an interest in property in respect of which the order is made.\n\n(2) A law enforcement agency or an applicant for a civil forfeiture order must not enter into an agreement to settle any matter in respect of which a civil forfeiture order could be made under this Division and which involves the payment of money or the transfer of any interest in property to the Minister except—\n\n(d) with the approval of the court.\n\nS. 40 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":109},{"sectionNumber":"40","sectionType":"section","heading":"Forfeiture of property that may be used as evidence in trial","content":"\t40 Forfeiture of property that may be used as evidence in trial\n\nA civil forfeiture order may be made in respect of any interest in property that may have evidentiary value in any criminal proceedings but the property must not be disposed of or otherwise dealt with before the end of the appeal period in relation to those proceedings.\n\nDivision 3—Orders for exclusion from civil forfeiture orders\n\nS. 40A inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":110},{"sectionNumber":"40A","sectionType":"section","heading":"Application for exclusion from civil forfeiture order","content":"\t40A Application for exclusion from civil forfeiture order\n\n(1) Subject to subsections (2) and (4), if property is forfeited to the Minister under section 38, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order.\n\nOnly the Supreme Court or the County Court can make a civil forfeiture order under section 38.\n\n(2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.\n\nS. 40A(3) amended by Nos 77/2013 s. 9(1), 44/2022 s. 16(1).\n\n(3) Subject to subsections (5A) and (5B), the court that made the relevant civil forfeiture order under section 38 may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.\n\n(4) Except with the leave of the court, an application for a section 40B exclusion order in relation to an interest in property must not be made by a person who was given notice of—\n\n(a) proceedings on the application for the civil forfeiture restraining order; or\n\n(b) the making of the civil forfeiture restraining order.\n\nS. 40A(5) amended by Nos 77/2013 s. 9(1), 44/2022 s. 16(1).\n\n(5) Subject to subsections (5A) and (5B), the court may grant a person leave under subsection (4) to make an application if it is satisfied that the person's failure to seek to have that person's interest in the property excluded from the civil forfeiture restraining order was not due to neglect on the part of the applicant.\n\nS. 40A(5A) inserted by No. 77/2013 s. 9(2).\n\n(5A) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that has been disposed of in accordance with section 44.\n\nS. 40A(5B) inserted by No. 44/2022 s. 16(2).\n\n(5B) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.\n\n(6) An applicant must give written notice of the application, and, subject to subsection (11), of the grounds on which it is made—\n\n(a) to the applicant for the civil forfeiture order; and\n\nS. 40A(6)(b) amended by No. 77/2013 s. 9(3)(a).\n\n(b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited; and\n\nS. 40A(6)(c) inserted by No. 77/2013 s. 9(3)(b).\n\n(7) Any person notified under subsection (6) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a section 40B exclusion order.\n\n(8) If the applicant for the civil forfeiture order proposes to contest an application under this section for a section 40B exclusion order, that applicant must give the applicant for the section 40B exclusion order written notice of the grounds on which the application for the section 40B exclusion order is to be contested.\n\n(9) If—\n\nS. 40A(9)(a) amended by No. 55/2014 s. 12(1)(a).\n\nS. 40A(9)(b) amended by No. 55/2014 s. 12(1)(b).\n\nany statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\nS. 40A(10)(a) amended by No. 55/2014 s. 12(2)(a).\n\nS. 40A(10)(b) amended by No. 55/2014 s. 12(2)(b).\n\nany information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(11) If—\n\nS. 40A(11)(a) amended by No. 55/2014 s. 12(3)(a).\n\nS. 40A(11)(b) amended by No. 55/2014 s. 12(3)(b).\n\n(b) a person claiming an interest in the property is charged with a Schedule 2 offence; and\n\n(c) that person applies under this section for a section 40B exclusion order—\n\nthe person need not give notice of the grounds on which the application is made until the charge against the person is finally determined or is withdrawn.\n\n(12) Any person referred to in subsection (6) may apply to the court for an order that the hearing of the application for a section 40B exclusion order be stayed until the charge referred to in subsection (11)(b)—\n\nS. 40B inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).\n\n","sortOrder":111},{"sectionNumber":"40B","sectionType":"section","heading":"Determination of application for exclusion from civil forfeiture order","content":"\t40B Determination of application for exclusion from civil forfeiture order\n\n(1) On an application made under section 40A, the court may make an order excluding the applicant's interest in property from the operation of a civil forfeiture order—\n\n(i) the interest in the property is not derived property; and\n\n(ii) the interest in the property is not tainted property; or\n\n(b) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—\n\nS. 40B(1)(b)(i) substituted by No. 55/2014 s. 13(1)(a).\n\n(i) the applicant was not, in any way, involved in the commission of any relevant Schedule 2 offence; and\n\nS. 40B(1)(b)(ii) substituted by No. 55/2014 s. 13(1)(a).\n\n(ii) where the applicant acquired the interest before the commission, or alleged commission, of the relevant Schedule 2 offences, the applicant did not know that the property—\n\n(A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or\n\n(B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and\n\nS. 40B(1)(b)(iii) amended by No. 55/2014 s. 13(1)(b).\n\n(iii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the relevant Schedule 2 offences, 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\n\n(iv) the applicant's interest in the property—\n\n(A) was not subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property; or\n\n(B) was subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property but the person in effective control satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person in effective control; and\n\n(v) where the applicant acquired the interest, directly or indirectly, from another person that—\n\n(A) it was acquired for sufficient consideration; or\n\n(B) if it was not acquired for sufficient consideration, the person from whom the interest was acquired satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person from whom the interest was acquired.\n\n(2) If the court makes an exclusion order under subsection (1), it may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nS. 40B(3) inserted by No. 55/2014 s. 13(2).\n\n***relevant Schedule 2 offence*** means a Schedule 2 offence in relation to which the civil forfeiture restraining order was made.\n\nPt 4A (Headings and ss  \n40C–40ZD) inserted by No. 79/2014 s. 16.\n\n","sortOrder":112},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Unexplained wealth","content":"Part 4A—Unexplained wealth\n\nPt 4A Div. 1AA (Heading and s. 40BA) inserted by No. 26/2024 s. 11.\n\nDivision 1AA—Definitions\n\nS. 40BA inserted by No. 26/2024 s. 11.\n\n\t40BA Definitions\n\n***lawfully acquired***—\n\n(a) in relation to property, has the meaning given by section 40G; and\n\n(b) in relation to wealth, means any of the following—\n\n(i) lawfully acquired property;\n\n(ii) lawfully derived benefits;\n\n(iii) lawfully obtained services and advantages;\n\n***lawfully derived***, in relation to a benefit, has the meaning given by section 40GA;\n\n***lawfully obtained***, in relation to a service or an advantage, has the meaning given by section 40GB;\n\n***wealth***, of a person, means the value of—\n\n(a) the property in which the person has an interest or that is otherwise subject to the effective control of the person; and\n\n(b) the benefits the person derives; and\n\n(c) the benefits another person derives at the direction or request of the person; and\n\n(d) the services and advantages the person obtains; and\n\n(e) the services and advantages another person obtains at the direction or request of the person.\n\nDivision 1—Unexplained wealth restraining orders\n\nS. 40C inserted by No. 79/2014 s. 16.\n\n","sortOrder":113},{"sectionNumber":"40C","sectionType":"section","heading":"Unexplained wealth restraining orders","content":"\t40C Unexplained wealth restraining orders\n\n(1) An unexplained wealth restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt with by any person except in the manner and circumstances (if any) specified in the order.\n\n(2) If a provision of this Act confers a power to apply for an unexplained wealth restraining order in respect of property in which a person has an interest, the application may be made in respect of one or more of the following—\n\n(c) specified property of the person and all other property of the person, including property acquired after the making of the order;\n\n(d) all the property of the person, including property acquired after the making of the order, other than specified property;\n\nS. 40C(3) substituted by No. 20/2015 s. 3.\n\n(3) If the court, when making an unexplained wealth restraining order, considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—\n\nS. 40C(3)(b) amended by No. 26/2024 s. 12(1)(a).\n\nS. 40C(3)(c) inserted by No. 26/2024 s. 12(1)(b).\n\n(c) any other person specified by the court in the order.\n\nS. 40C(3A) inserted by No. 26/2024 s. 12(2).\n\n(3A) A court, when making an unexplained wealth restraining order, has power to give any other directions that are necessary to give effect to the unexplained wealth restraining order.\n\n(4) An unexplained wealth restraining order may, at the time it is made or at a later time, provide for meeting—\n\n(b) the reasonable business expenses—\n\nof any person to whose property the order applies if the court that makes or made the order is satisfied that these expenses cannot be met from unrestrained property or income of the person.\n\nS. 40C(5) amended by No. 26/2024 s. 12(3).\n\n(5) Subject to subsection (5A), the court, in making an unexplained wealth restraining order, must not provide for the payment of legal expenses in respect of any legal proceeding, whether criminal or civil.\n\nS. 40C(5A) inserted by No. 26/2024 s. 12(4).\n\n(5A) The court may provide for the payment of legal expenses incurred by a mortgagee of property specified in the unexplained wealth restraining order in a civil proceeding relating to the exercise of the mortgagee's power of sale over the restrained property, provided those expenses—\n\n(6) Subject to subsections (4) and (5), an unexplained wealth restraining order may be made subject to any conditions that the court making the order thinks fit.\n\n(7) The court may refuse to make an unexplained wealth restraining order if the DPP or another person or body on behalf of the State refuses or fails to give to the court any undertakings that the court considers appropriate concerning the payment of damages or costs in relation to the making and operation of the order.\n\nS. 40D inserted by No. 79/2014 s. 16.\n\n","sortOrder":114},{"sectionNumber":"40D","sectionType":"section","heading":"Purpose for which an unexplained wealth restraining order may be made","content":"\t40D Purpose for which an unexplained wealth restraining order may be made\n\n(1) An unexplained wealth restraining order may be made to preserve property or an interest in property in order that the property or interest will be available to satisfy forfeiture of property that may occur under Division 2.\n\nS. 40D(2) amended by No. 26/2024 s. 13.\n\n(2) If a court makes an unexplained wealth restraining order in respect of property or an interest in property, the unexplained wealth restraining order must state that the property or interest is restrained to preserve property or an interest in property so that the property or interest will be available for unexplained wealth forfeiture or forfeiture of property to satisfy an unexplained wealth order..\n\nS. 40E inserted by No. 79/2014 s. 16.\n\n","sortOrder":115},{"sectionNumber":"40E","sectionType":"section","heading":"Property may be subject to both unexplained wealth restraining order and other orders","content":"\t40E Property may be subject to both unexplained wealth restraining order and other orders\n\n(1) In addition to being subject to an unexplained wealth restraining order, property or an interest in property may be subject to either or both of the following—\n\n(a) a restraining order under Part 2;\n\n(b) a civil forfeiture restraining order.\n\n(2) If an unexplained wealth restraining order and a restraining order under Part 2 made for the purposes of section 15(1)(a), (b) or (c) or a civil forfeiture restraining order (or both) apply to the same property or interest in property, the unexplained wealth restraining order, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following—\n\nS. 40E(2)(a) amended by No. 26/2024 s. 14.\n\n(a) the property being able to be disposed of in accordance with section 44 because automatic forfeiture of the property has occurred under section 35 in relation to a Schedule 2 offence;\n\nS. 40E(2)(b) amended by No. 26/2024 s. 14.\n\n(b) the property being able to be disposed of in accordance with section 44 because the property has been forfeited under section 36GA on the owner of the property being declared to be a serious drug offender;\n\nS. 40E(2)(c) amended by No. 26/2024 s. 14.\n\n(c) the property being able to be disposed of in accordance with section 44 because a forfeiture order under Division 1 of Part 3 has been made in relation to the property;\n\nS. 40E(2)(d) amended by No. 26/2024 s. 14.\n\n(d) the property being able to be disposed of in accordance with section 44 because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property;\n\n(e) the unexplained wealth restraining order being set aside in whole or in relation to the property or interest in property under section 40X;\n\n(f) the property or interest in property being excluded from the operation of the unexplained wealth restraining order by an unexplained wealth forfeiture exclusion order.\n\nS. 40EA inserted by No. 26/2024 s. 15.\n\n\t40EA Property may be subject to more than one unexplained wealth restraining order\n\n(1) Property or an interest in property may be subject to either or both of the following—\n\n(a) an unexplained wealth restraining order under section 40I;\n\n(b) an unexplained wealth restraining order under section 40IA.\n\n(2) If an unexplained wealth restraining order under section 40I and an unexplained wealth restraining order under section 40IA apply to the same property or interest in property, the unexplained wealth restraining order made under section 40I, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following—\n\n(a) the property being able to be disposed of in accordance with section 44 because forfeiture of the property has occurred under section 40ZA or 40ZAB;\n\n(b) the unexplained wealth restraining order made under section 40I being set aside in whole or in relation to the property or interest in property under section 40X;\n\n(c) the property or interest in property being excluded from the operation of the unexplained wealth restraining order made under section 40I by an unexplained wealth forfeiture exclusion order.\n\n(3) If an unexplained wealth restraining order under section 40I and an unexplained wealth restraining order under section 40IA apply to the same property or interest in property, the unexplained wealth restraining order made under section 40IA, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following—\n\n(a) the property being able to be disposed of in accordance with section 44 because forfeiture of the property has occurred under section 40ZA or 40ZAB;\n\n(b) the unexplained wealth restraining order made under section 40IA being set aside in whole or in relation to the property or interest in property under section 40X or 40ZAAG;\n\n(c) the unexplained wealth restraining order made under section 40IA ceasing to have effect under section 40XA;\n\n(d) the property or interest in property being excluded from the operation of the unexplained wealth restraining order made under section 40IA by an unexplained wealth forfeiture exclusion order.\n\nS. 40F inserted by No. 79/2014 s. 16.\n\n\t40F Application for unexplained wealth restraining order\n\n(1) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that—\n\n(a) a person has engaged in serious criminal activity; and\n\n(b) that person has an interest in the property; and\n\n(c) in the case of property located outside Victoria—that serious criminal activity occurred within Victoria; and\n\n(d) the total value of the property that is the subject of the application is $50 000 or more.\n\n(2) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that—\n\n(a) the property was not lawfully acquired; and\n\n(b) either—\n\n(i) the property is located in Victoria; or\n\n(ii) the person who has acquired the property is ordinarily resident in Victoria.\n\nS. 40F(2A) inserted by No. 26/2024 s. 16(1).\n\n(2A) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that, having regard to the matters set out in section 40ZAAC—\n\n(a) a person has wealth that exceeds their lawfully acquired wealth; and\n\n(b) the total value of the wealth that is not lawfully acquired is $200 000 or more; and\n\n(c) the person has an interest in the property sought to be restrained.\n\nS. 40F(3) amended by No. 26/2024 s. 16(2)(a).\n\n(3) An application under subsection (1), (2) or (2A) must be supported by an affidavit of a police officer—\n\n(b) in the case of an application under subsection (1), stating that the police officer suspects that—\n\n(i) a person has engaged in serious criminal activity; and\n\n(ii) that person has an interest in the property; and\n\n(iii) in the case of property located outside Victoria—that serious criminal activity occurred within Victoria; and\n\n(iv) the total value of the property that is the subject of the application is $50 000 or more; and\n\n(c) in the case of an application under subsection (2), stating that the police officer suspects that—\n\n(i) the property was not lawfully acquired; and\n\n(ii) either—\n\n(A) the property is located in Victoria; or\n\n(B) the person who has acquired the property is ordinarily resident in Victoria; and\n\nS. 40F(3)(ca) inserted by No. 26/2024 s. 16(2)(b).\n\n(ca) in the case of an application under subsection (2A), stating that the police officer suspects that, having regard to the matters set out in section 40ZAAC—\n\n(iii) the person has an interest in the property sought to be restrained; and\n\nS. 40F(3)(d) amended by No. 26/2024 s. 16(2)(c).\n\n(d) setting out the grounds on which the police officer has the suspicion referred to in paragraph (b), (c) or (ca) (as the case may be).\n\n(4) In addition, an affidavit supporting an application under subsection (2) must identify the person who has or the persons who have an interest in the property suspected of not having been lawfully acquired if that information is known to the police officer at the time of the application.\n\n(5) An application under subsection (1) for an unexplained wealth restraining order does not need to specify a particular offence constituting the serious criminal activity but may specify one or more offences that constitute the serious criminal activity.\n\n(6) For the purposes of this section, property in which a person has an interest includes—\n\n(a) property that is subject to the effective control of the person; and\n\nS. 40F(6)(ab) inserted by No. 26/2024 s. 16(3).\n\n(ab) any property that was, on the day when the first application for a restraining order in respect of property of the person was made under this Act, subject to the effective control of the person; and\n\n(b) property that was the subject of a gift from the person to another person regardless of when the gift was made.\n\n(7) An application for a restraining order or a civil forfeiture restraining order in relation to property or an interest in property does not preclude an application for an unexplained wealth restraining order being made in relation to the same property or interest in property.\n\n(8) An application for an unexplained wealth restraining order may be made more than once in respect of the same property or interest in property.\n\nExample to s. 40F(8) amended by No. 26/2024 s. 16(4).\n\nSeparate applications under subsections (1), (2) and (2A) may be made in respect of the same property or the same interest in property.\n\n(9) An application for an unexplained wealth restraining order in relation to property or an interest in property made on the basis of serious criminal activity does not preclude an application for a further unexplained wealth restraining order being made in relation to other property or another interest in property on the basis of the same serious criminal activity.\n\nS. 40G inserted by No. 79/2014 s. 16.\n\n\t40G Property lawfully acquired\n\n(a) property acquired by a person for sufficient consideration that has otherwise been lawfully acquired is taken to have been lawfully acquired only if the consideration given for the property by the person was lawfully acquired;\n\n(b) property acquired by a person other than for sufficient consideration or on the distribution of the estate of a deceased person is taken to have been lawfully acquired only if the person from whom it was acquired or the deceased person (as the case may be) lawfully acquired the property;\n\nThe effect of paragraph (b) is that if, for example, the donor of property given as a gift to the person received the property as a gift from someone else who acquired the property unlawfully, the property remains property that has not been lawfully acquired.\n\n(c) property acquired by a person as a prize or as the proceeds of any form of gambling is taken to have been lawfully acquired only if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gambling (as the case may be) was lawfully acquired;\n\n(d) property acquired by a person in the form of investment income is taken to have been lawfully acquired only if the property from which the investment income was derived was lawfully acquired;\n\n(e) property derived by a person from salary or wages or from payment under a contract for services is taken to have been lawfully acquired only if the salary or wages or the payment for the services (as the case may be)—\n\nS. 40G(1)(f) substituted by No. 27/2016 s. 14.\n\n(f) property acquired by a person, whether or not it is acquired for sufficient consideration, is not property lawfully acquired if the person acquired the property knowing, or in circumstances such as to arouse a reasonable suspicion, that the property was derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity;\n\nS. 40G(1)(g) inserted by No. 27/2016 s. 14.\n\n(g) property acquired by a person that is or has been subject to a mortgage, lien, charge, security or other encumbrance is not property lawfully acquired if that mortgage, lien, charge, security or other encumbrance has been wholly or partly discharged using property that was not lawfully acquired.\n\n(2) Subsection (1) does not limit the criteria for determining for the purposes of this Part whether or not property has been lawfully acquired.\n\n(3) Despite subsection (1)(f), a person who acquires the property from the sale or disposal of the property under this Act lawfully acquires the property unless any consideration paid for the property has not been lawfully acquired.\n\nS. 40GA inserted by No. 26/2024 s. 17.\n\n\t40GA Benefits lawfully derived\n\n(a) a benefit derived by a person for sufficient consideration that has been lawfully acquired is taken to have been lawfully derived only if the consideration given for the benefit by the person was lawfully acquired;\n\n(b) a benefit derived by a person other than for sufficient consideration is taken to have been lawfully derived only if the person from whom it was derived lawfully derived the benefit;\n\n(c) a benefit derived by a person as a prize or as the proceeds of any form of gambling is taken to have been lawfully derived only if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gambling (as the case may be) was lawfully acquired;\n\n(d) a benefit derived by a person from salary or wages or from payment under a contract for services is taken to have been lawfully derived only if the salary or wages or the payment for the services (as the case may be)—\n\n(e) a benefit derived by a person, whether or not it is derived for sufficient consideration, is not a benefit lawfully derived if the person derived the benefit knowing, or in circumstances such as to arouse a reasonable suspicion, that the benefit was derived, or substantially derived, directly or indirectly, from any unlawful activity.\n\n(2) Subsection (1) does not limit the criteria for determining for the purposes of this Part whether or not a benefit has been lawfully derived.\n\nS. 40GB inserted by No. 26/2024 s. 17.\n\n\t40GB Services and advantages lawfully obtained\n\n(a) a service or an advantage obtained by a person for sufficient consideration that has been lawfully acquired is taken to have been lawfully obtained only if the consideration given for the service or advantage by the person was lawfully acquired;\n\n(b) a service or an advantage obtained by a person other than for sufficient consideration is taken to have been lawfully obtained only if the person from whom it was obtained lawfully obtained the service or advantage;\n\n(c) a service or an advantage obtained by a person as a prize or as the proceeds of any form of gambling is taken to have been lawfully obtained only if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gambling (as the case may be) was lawfully acquired;\n\n(d) a service or an advantage obtained by a person from salary or wages or from payment under a contract for services is taken to have been lawfully obtained only if the salary or wages or the payment for the services (as the case may be)—\n\n(e) a service or an advantage obtained by a person, whether or not it is obtained for sufficient consideration, is not a service or an advantage lawfully obtained if the person obtained the service or advantage knowing, or in circumstances such as to arouse a reasonable suspicion, that the service or advantage was obtained, or substantially obtained, directly or indirectly, from any unlawful activity.\n\n(2) Subsection (1) does not limit the criteria for determining for the purposes of this Part whether or not a service or an advantage has been lawfully obtained.\n\nS. 40H inserted by No. 79/2014 s. 16.\n\n\t40H Procedure on application for unexplained wealth restraining order\n\n(1) On an application under section 40F, if the court, having regard to the matters referred to in subsection (2), is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant for an unexplained wealth restraining order to give notice of the application for that order to any person whom the court has reason to believe has an interest in the property that is the subject of the application.\n\n(2) In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—\n\n(a) the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose of unexplained wealth forfeiture; and\n\n(b) any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and\n\n(c) any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and\n\n(d) the provision made by this Act to enable a person claiming an interest in property the subject of an unexplained wealth restraining order to apply for a section 40S exclusion order to protect that interest from the operation of the unexplained wealth restraining order; and\n\n(e) the limited duration of an unexplained wealth restraining order; and\n\n(3) In determining whether to direct an applicant to give notice of an application for an unexplained wealth restraining order, the court may have regard to any other matter that the court considers relevant.\n\n(4) If the court requires notice of an application for an unexplained wealth restraining order to be given under subsection (1) and the application is withdrawn because of that requirement, the court must not award costs in relation to the application.\n\n(5) If the court does not require notice of an application for an unexplained wealth restraining order to be given under subsection (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.\n\n(6) Any person notified under subsection (1) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an unexplained wealth restraining order.\n\n(7) The court may—\n\n(b) order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or\n\n(c) make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.\n\n(8) The court must cause a copy of any order made under subsection (7) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.\n\n(9) A person must not contravene an order posted under subsection (8).\n\nS. 40I (Heading) amended by No. 26/2024 s. 18(1).\n\nS. 40I inserted by No. 79/2014 s. 16.\n\n\t40I Determination of application under section 40F(1) or (2) for unexplained wealth restraining order\n\n(1) On an application under section 40F(1) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that—\n\n(i) a person has engaged in serious criminal activity; and\n\n(ii) that person has an interest in the property sought to be restrained; and\n\n(iii) in the case of property located outside Victoria—the serious criminal activity occurred in Victoria; and\n\n(iv) the total value of the property is $50 000 or more; and\n\n(b) there are reasonable grounds for the suspicion referred to in paragraph (a)(i), (ii) and (iii).\n\n(2) The court may be satisfied that the deponent of the affidavit reasonably suspects that a person with an interest in the property has engaged in serious criminal activity—\n\n(a) regardless of whether that person, or any other person, has been charged with, tried for, acquitted or convicted of, or has had a conviction quashed, pardoned or set aside for, an offence that is, or offences that are, suspected of constituting the serious criminal activity; and\n\n(b) where more than one offence is specified as constituting the serious criminal activity—if the court is satisfied that the deponent reasonably suspects that the conduct of the person constitutes at least one of those offences.\n\n(3) On an application under section 40F(2) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that—\n\n(i) the property sought to be restrained was not lawfully acquired; and\n\n(ii) either—\n\n(A) the property is located in Victoria; or\n\n(B) the person who has acquired the property is ordinarily resident in Victoria; and\n\n(b) there are reasonable grounds for that suspicion.\n\n(4) For the purposes of subsection (3)(b), in determining whether there are reasonable grounds for suspecting that property was not lawfully acquired, the court may have regard to one or more of the following—\n\n(a) the lawful income of a person with an interest in, or effective control of, the property;\n\n(b) any suspected unlawful activity of a person with an interest in, or effective control of, the property;\n\n(c) the prior ownership of the property and any suspected unlawful activity of a person, or persons, who previously owned the property;\n\n(d) the circumstances under which the property has come to the attention of Victoria Police;\n\n(e) any other relevant matter.\n\nNote to s. 40I inserted by No. 26/2024 s. 18(2).\n\nThe court may order that an application for an unexplained wealth restraining order be heard in closed court. See Part 5 of the **Open Courts Act 2013**.\n\nS. 40IA inserted by No. 26/2024 s. 19.\n\n\t40IA Determination of application under section 40F(2A) for unexplained wealth restraining order\n\n(1) On an application under section 40F(2A) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that, having regard to the matters set out in section 40ZAAC—\n\n(iii) the person has an interest in the property sought to be restrained; and\n\n(b) there are reasonable grounds for the suspicion referred to in paragraph (a).\n\n(2) For the purposes of subsection (1), it does not matter whether the police officer has a reasonable suspicion that the person referred to in paragraph (a)(i) has engaged in serious criminal activity.\n\nThe court may order that an application for an unexplained wealth restraining order be heard in closed court. See Part 5 of the **Open Courts Act 2013**.\n\nS. 40J inserted by No. 79/2014 s. 16.\n\n","sortOrder":116},{"sectionNumber":"40J","sectionType":"section","heading":"Notice of unexplained wealth restraining order to be given to persons affected","content":"\t40J Notice of unexplained wealth restraining order to be given to persons affected\n\n(a) an unexplained wealth restraining order is made in respect of property of a person; and\n\n(b) notice had not been given to that person of the application for the unexplained wealth restraining order—\n\nthe applicant must give written notice of the making of the unexplained wealth restraining order to that person.\n\n(2) If a person to whom notice must be given under subsection (1) cannot be found after all reasonable steps have been taken to locate the person, the applicant must give notice to that person in any other manner that the court directs.\n\nSection 40C provides that an unexplained wealth restraining order may be made in respect of property or an interest in property.\n\nS. 40K inserted by No. 79/2014 s. 16.\n\n","sortOrder":117},{"sectionNumber":"40K","sectionType":"section","heading":"Notice requiring declaration of interests in restrained property","content":"\t40K Notice requiring declaration of interests in restrained property\n\n(1) Subject to subsection (2), if an unexplained wealth restraining order is made in respect of property, a police officer must give a notice to each person who the applicant for the unexplained wealth restraining order believes has an interest in that property requiring the person to give to the police officer a written declaration of interests in restrained property.\n\n(2) If a notice under section 40M is given to a person who the applicant for the unexplained wealth restraining order believes has an interest in property restrained under the unexplained wealth restraining order, a police officer may, but is not required to, issue a notice under subsection (1).\n\n(3) A notice under subsection (1) must—\n\n(b) state the effect of section 40O.\n\nS. 40L inserted by No. 79/2014 s. 16.\n\n","sortOrder":118},{"sectionNumber":"40L","sectionType":"section","heading":"What must be included in a declaration of interests in restrained property?","content":"\t40L What must be included in a declaration of interests in restrained property?\n\n(1) A person who has been given a notice under section 40K must provide a written declaration in relation to each item of property specified to be restrained in the unexplained wealth restraining order that states whether that person—\n\n(a) has an interest in the item of property; and\n\n(b) believes that any other person has an interest in the item of property.\n\n(2) If the person making the declaration of interests in restrained property states that the person has an interest in an item of property, the person must also state in the declaration the nature and extent of that interest, including—\n\n(a) in relation to a mortgage, the current value of the debt secured by the mortgage; and\n\n(b) in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\n(3) If the person making the declaration of interests in restrained property believes that any other person has an interest in the property, the person making the declaration must state to the best of his or her knowledge the name and address of every other person who has an interest in the property.\n\n2 The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage.\n\n3 The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nS. 40M inserted by No. 79/2014 s. 16.\n\n","sortOrder":119},{"sectionNumber":"40M","sectionType":"section","heading":"Notice to person suspected of engaging in serious criminal activity","content":"\t40M Notice to person suspected of engaging in serious criminal activity\n\n(1) If an unexplained wealth restraining order is made under section 40I(1) on the basis that a person is suspected of having engaged in serious criminal activity, a police officer may give a notice to the person requiring the person to give to the police officer a written declaration of the person's property interests.\n\n(b) state the effect of section 40O.\n\n(3) If a person suspected of having engaged in serious criminal activity is also a person to whom a notice under section 40K must be given—\n\n(a) a notice under subsection (1) may be given in place of the notice under section 40K; and\n\n(b) the giving of a notice to the person under section 40K does not preclude the giving of a notice to the person under subsection (1) at a later date.\n\nS. 40N inserted by No. 79/2014 s. 16.\n\n","sortOrder":120},{"sectionNumber":"40N","sectionType":"section","heading":"What must be included in a declaration by an owner of property?","content":"\t40N What must be included in a declaration by an owner of property?\n\n(1) Subject to subsection (2), a person who has been given a notice under section 40M must provide a written declaration of property interests that states the following information—\n\n(a) particulars of any sources of income of the person, including bequests;\n\n(b) any bank or building society accounts held by the person, whether solely or jointly;\n\n(c) any real property in which the person holds an interest;\n\n(d) any unit trusts, ledgers, shares or debentures in which the person holds an interest;\n\n(e) the amount of any cash held by the person, including cash held as virtual currency, and the source of the cash;\n\n(f) any motor vehicles, boats, works of art, livestock or jewellery owned by the person that have an individual value of $5000 or more;\n\n(g) any safe deposit boxes held by the person;\n\n(h) any charge and credit cards held by the person;\n\n(i) any accounts held by the person for the purposes of gambling;\n\n(j) any trusts in which the person has a beneficial interest;\n\n(k) any transfers of property made by the person to another person in the previous 6 years if the total value of those transfers is $50 000 or more;\n\n(l) any transfers of property to the person made by another person in the previous 6 years if the total value of those transfers is $50 000 or more.\n\n(2) In addition, if a notice under section 40M is given to a person in place of a notice under section 40K, the declaration must include any statement required under section 40L.\n\nSection 40M(3)(a) provides that a notice under section 40M may be given to a person in place of a notice under section 40K.\n\nS. 40O inserted by No. 79/2014 s. 16.\n\n","sortOrder":121},{"sectionNumber":"40O","sectionType":"section","heading":"Offences","content":"\t40O Offences\n\n(1) A person who is given a notice under section 40K must not, without reasonable excuse, fail to give the declaration of property interests required by that notice to a police officer within 14 days after the notice is given to the person.\n\n(2) A person who is given a notice under section 40M must not, without reasonable excuse, fail to give the declaration of property interests required by that notice to a police officer within 28 days after the notice is given to the person.\n\n(3) A person who is given a notice under section 40K or 40M must not make a statement in the declaration of property interests required by that notice that is false or misleading in a material particular.\n\nS. 40P inserted by No. 79/2014 s. 16.\n\n","sortOrder":122},{"sectionNumber":"40P","sectionType":"section","heading":"Court directions to provide information","content":"\t40P Court directions to provide information\n\n(1) If a person who has been given a notice under section 40K or 40M—\n\n(a) is convicted of an offence under section 40O(1), (2) or (3); and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 40K or 40M—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests.\n\n(2) If a person who has been given a notice under section 40K or 40M—\n\n(a) is convicted of any other offence; and\n\n(b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 40K or 40M; and\n\n(c) does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 40K or 40M—\n\nthe court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests.\n\nS. 40Q inserted by No. 79/2014 s. 16.\n\n","sortOrder":123},{"sectionNumber":"40Q","sectionType":"section","heading":"Admissibility of statement","content":"\t40Q Admissibility of statement\n\n(1) A statement made by a person in a declaration of property interests given in response to a notice under section 40K or 40M is admissible against that person in—\n\n(2) Any information, document or other thing obtained as a direct or indirect consequence of making a statement in a declaration of property interests given in response to a notice under section 40K or 40M is admissible against that person in—\n\nS. 40R inserted by No. 79/2014 s. 16.\n\n","sortOrder":124},{"sectionNumber":"40R","sectionType":"section","heading":"Application for exclusion from unexplained wealth restraining order","content":"\t40R Application for exclusion from unexplained wealth restraining order\n\nS. 40R(1) amended by No. 26/2024 s. 20(1).\n\n(1) Subject to subsection (1A), if a court makes an unexplained wealth restraining order against property, any person claiming an interest in the property may apply to the court that made that order for a section 40S exclusion order.\n\nS. 40R(1A) inserted by No. 26/2024 s. 20(2).\n\n(1A) A person cannot make an application under subsection (1) if—\n\n(a) the unexplained wealth restraining order was made under section 40IA; and\n\n(b) the person was named in the application for the unexplained wealth restraining order as the person suspected of having wealth that is not lawfully acquired.\n\n(2) An application under subsection (1) must be made—\n\n(a) if notice is required to be given under section 40J—within 90 days after service of notice of the making of the unexplained wealth restraining order; or\n\n(b) in any other case—within 90 days after the making of the unexplained wealth restraining order.\n\n(3) Subject to subsection (4), the court may extend the period within which an application may be made, whether or not that period has expired, if it is in the interests of justice to do so.\n\n(4) The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act.\n\n(5) An applicant must give notice of the application, and, subject to subsection (10), of the grounds on which it is made—\n\n(a) to the applicant for the unexplained wealth restraining order; and\n\n(6) Any person referred to in subsection (5) is entitled to appear and to give evidence at the hearing of an application for a section 40S exclusion order but the absence of that person does not prevent the court from making a section 40S exclusion order.\n\n(7) If the person referred to in subsection (5)(a) proposes to contest an application for a section 40S exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested.\n\n(8) If a person claiming an interest in the property is charged with an offence, any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(9) If a person claiming an interest in the property is charged with an offence, any information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(a) a person applies under this section for a section 40S exclusion order; and\n\n(b) that person is charged with an offence relevant to the application for the section 40S exclusion order; and\n\n(c) that person has made an application under subsection (11)—\n\nthe person need not give notice of the grounds on which the application for the section 40S exclusion order is made until the application under subsection (11) has been determined.\n\n(11) Any person referred to in subsection (5) may apply to the court for an order that the hearing of the application for a section 40S exclusion order be stayed until the charge referred to in subsection (10)(b)—\n\n(12) The court may only order that the hearing of the application for a section 40S exclusion order be stayed if the court considers that not ordering a stay of the hearing would prejudice the fairness of the hearing of the charge.\n\n1 Section 40C provides that an unexplained wealth restraining order may be made in respect of property or an interest in property.\n\n2 Section 40W enables the court to make orders varying the property to which the unexplained wealth restraining order relates.\n\nS. 40S inserted by No. 79/2014 s. 16.\n\n","sortOrder":125},{"sectionNumber":"40S","sectionType":"section","heading":"Determination of application for exclusion from unexplained wealth restraining order","content":"\t40S Determination of application for exclusion from unexplained wealth restraining order\n\nS. 40S(1) substituted by No. 26/2024 s. 21.\n\n(1) On an application under section 40R(1), the court may make an order excluding the applicant's interest in property from the operation of the unexplained wealth restraining order if the court is satisfied that—\n\n(a) the property was lawfully acquired by the applicant; or\n\n(b) in the case of an application relating to an unexplained wealth restraining order made under section 40IA, it would be manifestly unjust to restrain the property.\n\n(2) For the purposes of this section, the applicant's interest in property is presumed not to have been lawfully acquired unless the applicant proves otherwise.\n\n(3) An order under subsection (1) made in respect of an interest in property excludes the interest in property from the unexplained wealth restraining order with effect from—\n\n(a) 30 days after the date of the order; or\n\n(b) such later date as the court sees fit.\n\n(4) If the court makes an order under subsection (1) the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nS. 40T inserted by No. 79/2014 s. 16.\n\n","sortOrder":126},{"sectionNumber":"40T","sectionType":"section","heading":"Evidentiary requirements for exclusion order","content":"\t40T Evidentiary requirements for exclusion order\n\n(1) At a hearing of an application for an section 40S exclusion order, the applicant for the order must provide documentary evidence of any transactions alleged by the applicant to have occurred that would support the claim that the property that is the subject of the application was lawfully acquired by the applicant.\n\n(2) The court hearing the application may accept evidence other than documentary evidence if—\n\n(a) that other evidence is provided in addition to documentary evidence of the transaction; or\n\n(b) the court is satisfied that it is not reasonable to expect documentary evidence to exist because of the nature of the transfer of property, the effluxion of time or any other reason.\n\nS. 40U inserted by No. 79/2014 s. 16.\n\n","sortOrder":127},{"sectionNumber":"40U","sectionType":"section","heading":"Application for substitution order","content":"\t40U Application for substitution order\n\n(a) a court has made a section 40S exclusion order excluding property (the ***excluded property***) from the operation of an unexplained wealth restraining order; and\n\n(b) the owner of the excluded property owns or controls other property (the ***restrained property***), not less than the value of the excluded property, which remains subject to the unexplained wealth restraining order but is unlikely to be able to vest in the Minister—\n\nthe applicant for the unexplained wealth restraining order may apply to the court for a substitution order to substitute the excluded property for the restrained property for the purposes of unexplained wealth forfeiture.\n\n(2) An application under subsection (1) must be made within 30 days after the making of the section 40S exclusion order and must—\n\n(a) specify the excluded property; and\n\n(b) specify the restrained property; and\n\n(c) state why, in the opinion of the applicant, it is unlikely that the restrained property is unlikely to be able to vest in the Minister.\n\n(3) On the application for a substitution order under subsection (1), the section 40S exclusion order is stayed to the extent that it applies to the excluded property until a determination of the application is made under section 40V.\n\nS. 40V inserted by No. 79/2014 s. 16.\n\n","sortOrder":128},{"sectionNumber":"40V","sectionType":"section","heading":"Determination of application for substitution order","content":"\t40V Determination of application for substitution order\n\n(1) Subject to subsection (3), on an application under section 40U, a court may make a substitution order if the court is satisfied that—\n\n(a) a person owns or controls the property (the ***restrained property***) specified in the application as being subject to an unexplained wealth restraining order; and\n\n(b) if the restrained property is forfeited to the Minister under unexplained wealth forfeiture, it is unlikely that it will be able to vest in the Minister; and\n\n**Examples**\n\nThe property is held in another jurisdiction or the property has been dealt with contrary to the unexplained wealth restraining order.\n\n(c) the person owns or controls property of the same or lesser value (the ***excluded property***)—\n\n(i) in relation to which a section 40S exclusion order has been made excluding the property from the operation of the unexplained wealth restraining order; and\n\n(ii) that, if it were subject to the unexplained wealth restraining order, would be available for forfeiture; and\n\n(d) it is appropriate that the excluded property be substituted for the restrained property.\n\n(2) For the purposes of subsection (1)(d), in determining whether it is appropriate that the excluded property be substituted for the restrained property, the court may have regard to—\n\n(a) the extent to which the owner of the property has complied with the unexplained wealth restraining order; and\n\n(b) the extent to which the owner's conduct has affected the likelihood of the restrained property being available to vest in the Minister, were it to be subject to unexplained wealth forfeiture; and\n\n(c) the extent to which it appears the owner has structured the owner's assets so as to circumvent the operation of this Act; and\n\n(d) the likelihood that the restrained property will be subject to forfeiture in another jurisdiction; and\n\n(e) the goal of depriving persons engaged in serious criminal activity of property not lawfully acquired.\n\n(3) The court must not make an order under subsection (1) in respect of property that is unavailable for forfeiture because the property is held in another jurisdiction if—\n\n(a) the property is restrained or has been forfeited in that other jurisdiction under a law corresponding to this Act or any part of this Act; or\n\n(b) in the case of property in respect of which an unexplained wealth restraining order was made on the basis that the person who owned or controlled the property has engaged in serious criminal activity—the serious criminal activity occurred outside Victoria.\n\n(4) Subsection (3)(b) does not apply to any property that has been moved outside Victoria contrary to the terms of the unexplained wealth restraining order.\n\n(5) If the court makes a substitution order under subsection (1)—\n\n(a) the excluded property is substituted for the restrained property; and\n\n(b) the section 40S exclusion order ceases to have effect, to the extent that it applies to the excluded property; and\n\n(c) the restrained property ceases to be subject to the restraining order.\n\nS. 40W inserted by No. 79/2014 s. 16.\n\n","sortOrder":129},{"sectionNumber":"40W","sectionType":"section","heading":"Further orders","content":"\t40W Further orders\n\n(1) The court may make any orders in relation to the property to which the unexplained wealth restraining order relates as it considers just.\n\n(2) An order under subsection (1) may be made—\n\n(a) when the court makes an unexplained wealth restraining order; or\n\n(b) at any later time.\n\n(3) An order under subsection (1) may be made on the application of—\n\n(a) the applicant for the unexplained wealth restraining order; or\n\n(b) a person to whose property the unexplained wealth restraining order relates or who has an interest in that property; or\n\n(c) a trustee, if the unexplained wealth restraining order directed the trustee to take control of property; or\n\n(d) a prescribed person, or a person belonging to a prescribed class of persons; or\n\n(4) Any person referred to in subsection (3) is entitled to appear and to give evidence at the hearing of an application under this section but the absence of that person does not prevent the court from making an order.\n\n(5) The applicant for an order under subsection (1) must give written notice of the application to each other person referred to in subsection (3)(a) to (3)(c) who could have applied for the order.\n\n(6) Examples of the kind of order that the court may make under subsection (1) include the following—\n\n(a) an order varying the property to which the unexplained wealth restraining order relates;\n\n(b) an order varying any condition to which the unexplained wealth restraining order is subject;\n\n(c) an order providing for the reasonable living expenses and reasonable business expenses of any person referred to in section 40C(4);\n\n(d) an order relating to the carrying out of any undertaking given under section 40C(7) in relation to the unexplained wealth restraining order;\n\n(f) an order directing any person whose property the unexplained wealth restraining order relates to or any other person to furnish to such person as the court directs, within the period specified in the order, a statement, verified by the oath or affirmation of that person, setting out such particulars of the property to which the unexplained wealth restraining order relates as the court thinks proper;\n\n(g) an order directing any relevant registration authority not to register any instrument affecting property to which the unexplained wealth restraining order relates while it is in force except in accordance with the order;\n\nS. 40W(6)(h) substituted by No. 26/2024 s. 22(1).\n\n(h) an order directing any of the following to take control of property to which the unexplained wealth restraining order relates—\n\n(i) a trustee specified in the order;\n\n(ii) a person holding a prescribed position within the Department of Justice and Community Safety;\n\n(iii) any other person specified by the court in the order;\n\nS. 40W(6)(i) amended by No. 26/2024 s. 22(2)(a).\n\n(i) if the unexplained wealth restraining order directed a trustee, a person holding a prescribed position within the Department of Justice and Community Safety or any other person to take control of property—\n\nS. 40W(6)(i)(i) amended by No. 26/2024 s. 22(2)(b).\n\n(i) an order regulating the manner in which the trustee, person holding a prescribed position within the Department of Justice and Community Safety or other person may exercise powers or perform duties under the unexplained wealth restraining order;\n\n(j) an order directing a person to whose property the unexplained wealth restraining order relates or who has an interest in that property to use or manage specified property to which the unexplained wealth restraining order relates, subject to conditions specified in the order;\n\n(k) an order directing a person prescribed for the purposes of subsection (3)(d), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the unexplained wealth restraining order relates.\n\nS. 40X inserted by No. 79/2014 s. 16.\n\n","sortOrder":130},{"sectionNumber":"40X","sectionType":"section","heading":"Setting aside of unexplained wealth restraining order","content":"\t40X Setting aside of unexplained wealth restraining order\n\nOn the application of the applicant for an unexplained wealth restraining order, the court that made the unexplained wealth restraining order may make an order setting aside the unexplained wealth restraining order if satisfied that the unexplained wealth restraining order is no longer required or appropriate.\n\nS. 40XA inserted by No. 26/2024 s. 23.\n\n\t40XA Unexplained wealth restraining order under section 40IA ceases to be in force\n\nAn unexplained wealth restraining order made under section 40IA ceases to be in force at the end of the period of 90 days after the making of the unexplained wealth restraining order if an application for an unexplained wealth order has not been made against the person named in the unexplained wealth restraining order.\n\nS. 40Y inserted by No. 79/2014 s. 16.\n\n","sortOrder":131},{"sectionNumber":"40Y","sectionType":"section","heading":"Registration of unexplained wealth restraining order","content":"\t40Y Registration of unexplained wealth restraining order\n\n(a) an unexplained wealth restraining order applies to property of a particular kind; and\n\n(b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—\n\nthe relevant registration authority under that law must, on application to it by the applicant for the unexplained wealth restraining order, record on the register the prescribed particulars of the unexplained wealth restraining order.\n\n(2) Without limiting subsection (1), if an unexplained wealth restraining order relates to land under the operation of the **Transfer of Land Act 1958**, a caveat may be lodged under section 89 of that Act by any person referred to in that section in relation to that order.\n\n(3) For the purposes of subsection (2) and without limiting that subsection the following persons are taken to be a person mentioned in section 89 of the **Transfer of Land Act 1958**—\n\n(a) the applicant for the unexplained wealth restraining order;\n\n(b) if the unexplained wealth restraining order directed a trustee to take control of the property, the trustee.\n\nSection 40C provides that an unexplained wealth restraining order may be made in respect of property or an interest in property.\n\nS. 40Z inserted by No. 79/2014 s. 16.\n\n","sortOrder":132},{"sectionNumber":"40Z","sectionType":"section","heading":"Contravention of unexplained wealth restraining order","content":"\t40Z Contravention of unexplained wealth restraining order\n\n(1) A person who knowingly contravenes an unexplained wealth restraining order by disposing of, or otherwise dealing with, an interest in property to which the order applies is guilty of an indictable offence and liable to—\n\n(b) a level 5 fine (1200 penalty units maximum) or a fine not exceeding the value of the interest (as determined by the court), whichever is greater—\n\n(2) If the prescribed particulars referred to in section 40Y(1) are recorded as required by that section, a person who disposes of, or otherwise deals with, an interest in property after the recording of those particulars is, for the purposes of subsection (1), to be taken to know of the unexplained wealth restraining order.\n\nPt 4A Div. 1A (Heading and ss 40ZAA–40ZAAH) inserted by No. 26/2024 s. 24.\n\nDivision 1A—Unexplained wealth order\n\nS. 40ZAA inserted by No. 26/2024 s. 24.\n\n\t40ZAA Application for unexplained wealth order\n\n(1) The DPP or an appropriate officer may apply to a court for an unexplained wealth order if a police officer suspects on reasonable grounds that—\n\n(a) a person has wealth that exceeds their lawfully acquired wealth; and\n\n(b) the total value of the wealth that is not lawfully acquired is $200 000 or more.\n\n(2) An application under subsection (1) must be supported by an affidavit of a police officer—\n\n(b) stating that the police officer suspects that—\n\n(c) setting out the grounds on which the police officer has that suspicion.\n\n(3) On an application under subsection (1), the DPP or an appropriate officer must give notice of the application to the respondent to the application.\n\n(4) The respondent is entitled to appear and to give evidence at the hearing of the application but the absence of the respondent does not prevent the court from making an unexplained wealth order.\n\nS. 40ZAAB inserted by No. 26/2024 s. 24.\n\n\t40ZAAB Determination of application for unexplained wealth order\n\n(1) This section applies if—\n\n(a) an application is made under section 40ZAA(1) for an unexplained wealth order to be made against a person; and\n\n(b) not less than 30 days have elapsed since notice of the application for the unexplained wealth order was given to the person under section 40ZAA(3); and\n\n(c) if the person was named in an application for an unexplained wealth restraining order made under section 40IA, there are no pending applications for a section 40S exclusion order relating to that unexplained wealth restraining order.\n\n(2) If this section applies, the court must assess—\n\n(a) whether the respondent to the application for the unexplained wealth order has wealth that exceeds their lawfully acquired wealth; and\n\n(b) whether the total value of any wealth that is not lawfully acquired is $200 000 or more.\n\n(3) If the court is satisfied that the respondent has wealth of $200 000 or more that is not lawfully acquired, the court may—\n\n(a) order the respondent to pay the State an amount equal to the value of the wealth that is not lawfully acquired; or\n\n(b) order the respondent to pay a lesser amount, if the court determines that it would be manifestly unjust to order the respondent to pay the amount referred to in paragraph (a); or\n\n(c) refuse to make an unexplained wealth order, if the court determines that making the order would be manifestly unjust.\n\n(4) In determining whether to make an order under subsection (3)(a) or (b) or to refuse to make an unexplained wealth order, the court must not have regard to any of the following—\n\n(a) wealth for which the applicant has not provided evidence;\n\n(b) whether the respondent's unexplained wealth was obtained through, or associated with, the commission of an offence for which the respondent has not been convicted or found guilty;\n\n(c) whether the respondent has engaged in serious criminal activity;\n\n(d) the effect of the unexplained wealth order on the standard of living of the respondent or a dependant of the respondent.\n\n(5) The court may order the respondent to appear before the court to assist the court in determining whether to make an unexplained wealth order against the respondent.\n\n(6) A respondent's wealth is presumed to have not been lawfully acquired unless the respondent satisfies the court to the contrary.\n\nThe court may order that an application for an unexplained wealth order be heard in closed court. See Part 5 of the **Open Courts Act 2013**.\n\nS. 40ZAAC inserted by No. 26/2024 s. 24.\n\n\t40ZAAC Assessment of unexplained wealth\n\n(1) For the purposes of this Part, in assessing whether a person's wealth over a particular period has exceeded the wealth the person lawfully acquired over that period, regard must be had to the following—\n\n(a) the value of property in which the person has an interest at the time of the assessment, being the greater of—\n\n(i) the acquisition value of the property; or\n\n(ii) the current value of the property;\n\n(b) the value of property consumed or disposed of by the person or at the direction of the person during the period, being the greater of—\n\n(i) the acquisition value of the property; or\n\n(ii) the value of the property when it was consumed or disposed of;\n\n(c) any payments made by the person or at the direction of the person during the period to service or extinguish a loan or debt or any other obligation of the person or of another person;\n\n(d) any other expenses paid for by or at the direction of the person during the period;\n\n(e) the value of any benefits the person derived during the period;\n\n(f) the value of any benefits another person derived during the period at the direction of the person;\n\n(g) the value of any services and advantages the person obtained during the period;\n\n(h) the value of any services and advantages another person obtained during the period at the direction of the person.\n\n(2) An assessment of a person's wealth in accordance with this section must not include—\n\n(a) the value of any property confiscated under this Act or another enactment or an enactment of another jurisdiction; or\n\n(b) the value of any property, benefit, service or advantage that has been the subject of an unexplained wealth order or pecuniary penalty order made against the person.\n\n(3) In this section, property in which a person has an interest includes property under the effective control of the person.\n\n(4) For the purposes of an assessment of a person's wealth under this section—\n\n(a) property acquired more than 10 years prior to the application date is taken to have been lawfully acquired; and\n\n(b) a benefit derived more than 10 years prior to the application date is taken to have been lawfully derived; and\n\n(c) a service or advantage obtained more than 10 years prior to the application date is taken to have been lawfully obtained.\n\n(5) In this section—\n\n***application date***, for a person whose wealth is being assessed, means the date on which an application is made for an unexplained wealth order to be made against the person.\n\nS. 40ZAAD inserted by No. 26/2024 s. 24.\n\n\t40ZAAD Evidentiary requirements for respondent to unexplained wealth order\n\n(1) At a hearing of an application for an unexplained wealth order, the respondent to the application may claim that wealth that is the subject of the application was lawfully acquired by the respondent.\n\n(2) Subject to subsection (3), the respondent must provide documentary evidence of any transactions alleged by the respondent to have occurred that would support the claim that the respondent's wealth was lawfully acquired.\n\n(3) The court hearing the application may accept evidence other than documentary evidence of those transactions if—\n\n(a) that other evidence is provided in addition to documentary evidence of those transactions; or\n\n(b) the court is satisfied that it is not reasonable to expect documentary evidence to exist because of the nature of the transfer of property, the effluxion of time or any other reason.\n\nA respondent's wealth is taken to have been lawfully acquired if the wealth was acquired more than 10 years prior to the date on which an application is made for an unexplained wealth order to be made against the respondent—see section 40ZAAC(4).\n\nS. 40ZAAE inserted by No. 26/2024 s. 24.\n\n\t40ZAAE Privilege against self-incrimination\n\nIf a respondent to an unexplained wealth order is charged with an offence, the following evidence is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person—\n\n(a) any statement made or evidence given by the respondent in response to the application for an unexplained wealth order;\n\n(b) any information, document or thing obtained as a direct or indirect consequence of any statement or evidence referred to in paragraph (a).\n\nS. 40ZAAF inserted by No. 26/2024 s. 24.\n\n\t40ZAAF Unexplained wealth order debt due to Crown\n\n(1) An amount payable by a person to the State under an unexplained wealth order is, for all purposes, to be taken to be a civil debt due by the person to the Crown.\n\n(2) An unexplained wealth order made by a court must be taken to be a judgment debt and may be enforced as if it were an order made by it in civil proceedings instituted by the Crown against the respondent to recover a debt due by the respondent to the Crown.\n\nS. 40ZAAG inserted by No. 26/2024 s. 24.\n\n\t40ZAAG Payment of amount payable under unexplained wealth order\n\n(1) A person subject to an unexplained wealth order must pay the amount payable to the State under the order—\n\n(a) within 90 days of the date on which the order was made; or\n\n(b) as otherwise ordered by the court.\n\n(2) On the person paying an amount payable under the unexplained wealth order, the court may—\n\n(a) make an order setting aside the unexplained wealth restraining order made under section 40IA in respect of the person; or\n\n(b) make such other order or orders as it considers appropriate in relation to the operation of the unexplained wealth restraining order made under section 40IA.\n\nS. 40ZAAH inserted by No. 26/2024 s. 24.\n\n\t40ZAAH Consent order relating to forfeiture of property\n\n(1) The court that made an unexplained wealth order may make an order under subsection (2) by consent of—\n\n(a) the applicant for the unexplained wealth order; and\n\n(b) the respondent to the unexplained wealth order.\n\n(2) The order may reflect an agreement between the persons referred to in subsection (1) that property in which a person has an interest and that is the subject of an unexplained wealth restraining order made under section 40IA is forfeited to the Minister to satisfy an amount payable by that person under an unexplained wealth order.\n\nDivision 2—Forfeiture of unexplained wealth\n\nS. 40ZA (Heading) amended by No. 26/2024 s. 25(1).\n\nS. 40ZA inserted by No. 79/2014 s. 16.\n\n\t40ZA Forfeiture of unexplained wealth—serious criminal activity or property not lawfully acquired\n\nS. 40ZA(1) amended by No. 26/2024 s. 25(2).\n\n(1) Subject to subsection (2), property that is the subject of an unexplained wealth restraining order made under section 40I is forfeited to the Minister on the expiry of 6 months after the making of the unexplained wealth restraining order.\n\n(2) If, on the expiry of the 6 months referred to in subsection (1), an application under section 40R is still pending, the restrained property is forfeited to the Minister—\n\n(a) if the application is refused or dismissed—\n\n(i) at the end of the period during which the person may appeal against the refusal or dismissal; or\n\n(ii) if an appeal against the refusal or dismissal is lodged—when the appeal is abandoned or finally determined without the order having been made; or\n\n(b) if the application is withdrawn or struck out—on that withdrawal or striking out.\n\n(3) For the purposes of subsection (2), an application under section 40R is not pending unless an application under section 40R(1) has been made—\n\n(a) within the period referred to in section 40R(2); or\n\n(b) where, under section 40R(3), the court has extended the period in which the application may be made—within the period as so extended and before the expiry of the period of 6 months referred to in subsection (1).\n\nS. 40ZAB inserted by No. 26/2024 s. 26.\n\n\t40ZAB Property may be forfeited to satisfy unexplained wealth order\n\n(1) Subject to subsection (2), property in which a person has an interest and that is the subject of an unexplained wealth restraining order made under section 40IA is forfeited to the Minister if—\n\n(a) an unexplained wealth order is made against the person; and\n\n(b) either—\n\n(i) the court has made a consent order under section 40ZAAH under which the person consents to the forfeiture of the property to satisfy an amount payable under the unexplained wealth order; or\n\n(ii) the person has not paid the amount payable under the unexplained wealth order by the date that payment is due.\n\n(2) Property subject to an unexplained wealth restraining order is forfeited under subsection (1) only to the extent that the property or a specified part of that property is required to satisfy the amount payable under the unexplained wealth order.\n\nS. 40ZB inserted by No. 79/2014 s. 16.\n\n\t40ZB Declaration that property has been forfeited\n\nS. 40ZB(1) amended by No. 26/2024 s. 27.\n\n(1) The applicant for an unexplained wealth restraining order may apply to the court that made that order for a declaration that property that was subject to the unexplained wealth restraining order has been forfeited to the Minister under section 40ZA or 40ZAB.\n\n(2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property.\n\nSection 40C provides that an unexplained wealth restraining order may be made in respect of property or an interest in property.\n\nS. 40ZB(3) amended by No. 26/2024 s. 27.\n\n(3) On an application under subsection (1), the court, if satisfied that the property has been forfeited to the Minister under section 40ZA or 40ZAB, must make a declaration accordingly.\n\nS. 40ZC inserted by No. 79/2014 s. 16.\n\n\t40ZC Application for exclusion from unexplained wealth forfeiture\n\n(1) Subject to subsection (2), if property is forfeited to the Minister under section 40ZA, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant unexplained wealth restraining order for a section 40ZD exclusion order excluding the interest in the property from unexplained wealth forfeiture.\n\nS. 40ZC(1A) inserted by No. 26/2024 s. 28.\n\n(1A) Subject to subsections (1B) and (2), if property is forfeited to the Minister under section 40ZAB, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant unexplained wealth restraining order for a section 40ZD exclusion order excluding the interest in the property from unexplained wealth forfeiture.\n\nS. 40ZC(1B) inserted by No. 26/2024 s. 28.\n\n(1B) A person cannot make an application under subsection (1A) if the person was named in the application for the relevant unexplained wealth restraining order as the person suspected of having wealth that is not lawfully acquired.\n\n(2) The application—\n\n(a) must not be made except with the leave of the court; and\n\n(b) must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.\n\nS. 40ZC(3) amended by No. 44/2022 s. 17(1).\n\n(3) Subject to subsections (4) and (4A), the court may grant a person leave under subsection (2)(a) to make an application if it is satisfied that the person's failure to seek to have that person's interest in the property excluded from the unexplained wealth restraining order was not due to neglect on the part of the applicant.\n\n(4) The court may not grant a person leave under subsection (3) to make an application in respect of property that has been disposed of in accordance with section 44.\n\nS. 40ZC(4A) inserted by No. 44/2022 s. 17(2).\n\n(4A) The court may not grant a person leave under subsection (3) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.\n\n(5) An applicant must give written notice of the application, and, subject to subsection (10), of the grounds on which it is made—\n\n(a) to the applicant for the unexplained wealth restraining order; and\n\n(b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited; and\n\n(6) Any person notified under subsection (5) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a section 40ZD exclusion order.\n\n(7) If the applicant for the unexplained wealth restraining order proposes to contest an application under this section for a section 40ZD exclusion order, that applicant must give the applicant for the section 40ZD exclusion order written notice of the grounds on which the application for the section 40ZD exclusion order is to be contested.\n\n(8) If a person claiming an interest in the property is charged with an offence, any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(9) If a person claiming an interest in the property is charged with an offence, any information, document or thing obtained as a direct or indirect consequence of any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person.\n\n(a) a person applies under this section for a section 40ZD exclusion order; and\n\n(b) that person is charged with an offence relevant to the application for the section 40ZD exclusion order; and\n\n(c) that person has made an application under subsection (11)—\n\nthe person need not give notice of the grounds on which the application for the section 40ZD exclusion order is made until the application under subsection (11) is determined.\n\n(11) The applicant for the section 40ZD exclusion order or any person referred to in subsection (5)(a) or (b) may apply to the court for an order that the hearing of the application for the exclusion order be stayed until the charge referred to in subsection (10)(b)—\n\n(12) The court may only order that the hearing of the application for a section 40ZD exclusion order be stayed if the court considers that not ordering a stay of the hearing would prejudice the fairness of the hearing of the charge.\n\nS. 40ZD inserted by No. 79/2014 s. 16.\n\n\t40ZD Determination of application for exclusion from unexplained wealth forfeiture\n\nS. 40ZD(1) substituted by No. 26/2024 s. 29(1).\n\n(1) On an application under section 40ZC, the court may make an order excluding the applicant's interest in property from the operation of the unexplained wealth forfeiture if the court is satisfied that—\n\n(a) the property was lawfully acquired by the applicant; or\n\n(b) in the case of an application relating to an unexplained wealth order, it would be manifestly unjust to forfeit the property.\n\n(2) For the purposes of this section, the applicant's interest in property is presumed not to have been lawfully acquired unless the applicant proves otherwise.\n\n(3) The evidentiary requirements specified in section 40T apply to a hearing of an application for an exclusion order under this section.\n\n(4) If the court makes an exclusion order under subsection (1), it may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\n","sortOrder":133},{"sectionNumber":"Part 5","sectionType":"part","heading":"Effect of forfeiture","content":"Part 5—Effect of forfeiture\n\n","sortOrder":134},{"sectionNumber":"41","sectionType":"section","heading":"Effect of forfeiture","content":"\t41 Effect of forfeiture\n\n(1) In this section ***registrable property*** means property title to which is passed by registration on a register kept by a relevant registration authority.\n\nS. 41(2) amended by Nos 43/1998  \ns. 36(i), 79/2014 s. 17(1)(c).\n\n(a) a court makes a forfeiture order or a civil forfeiture order in respect of property then, immediately on the making of the order; or\n\nS. 41(2)(b) amended by Nos 43/1998  \ns. 36(i), 55/2014 s. 31, 79/2014 s. 17(1)(a).\n\n(b) property is forfeited to the Minister by automatic forfeiture under section 35 or 36GA; or\n\nS. 41(2)(ba) inserted by No. 79/2014 s. 17(1)(b), amended by No. 26/2024 s. 30.\n\n(ba) property is forfeited to the Minister by unexplained wealth forfeiture under section 40ZA or 40ZAB—\n\nthe property vests in the Minister subject to every mortgage, charge or encumbrance to which it was subject immediately before the order was made or the automatic forfeiture or unexplained wealth forfeiture occurred (as the case may be) and to—\n\nS. 41(2)(c) amended by No. 74/2010  \ns. 37(Sch. item 1(a)).\n\n(c) in the case of land, every interest registered, notified or saved under the **Transfer of Land Act 1958** or the **Property Law Act 1958**.\n\nS. 41(2)(d) repealed by No. 74/2010  \ns. 37(Sch. item 1(b)).\n\nS. 41(2A) inserted by No. 27/2016  \ns. 15(1).\n\n(2A) Despite subsection (2), property that vests in the Minister under that subsection is not subject to any mortgage, charge or encumbrance created by an interstate restraining order.\n\nS. 41(3) amended by Nos 43/1998  \ns. 36(i), 55/2014 s. 31, 79/2014 s. 17(2), 26/2024 s. 30.\n\n(3) If registrable property is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB—\n\nS. 41(3)(a) amended by No. 43/1998  \ns. 36(i).\n\n(a) the property vests in equity in the Minister but does not vest in the Minister at law until the applicable registration requirements have been complied with; and\n\nS. 41(3)(b) amended by No. 43/1998  \ns. 36(i).\n\n(b) the Minister is entitled to be registered as owner of the property; and\n\nS. 41(3)(c) amended by No. 43/1998  \ns. 36(h)(i).\n\n(c) the Minister or a prescribed person authorised by the Minister for the purposes of this subsection has power to do, or to authorise the doing of, anything necessary or convenient to obtain the registration of the Minister as owner, including but not limited to, the execution of any instrument required to be executed by a person transferring an interest in property of that kind.\n\nS. 41(4) amended by Nos 43/1998  \ns. 36(h)(i), 55/2014 s. 31, 79/2014 s. 17(2), 26/2024 s. 30.\n\n(4) If registrable property has been forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB, the Minister or the DPP or a prescribed person authorised by the Minister for the purposes of this subsection has power to do anything necessary or convenient to give notice of, or otherwise protect, the equitable interest of the Minister in the property.\n\nS. 41(5) inserted by No. 27/2016  \ns. 15(2).\n\n(5) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to any property forfeited to the Minister under this section to the extent, if any, to which that Act applies in relation to the property.\n\n","sortOrder":135},{"sectionNumber":"42","sectionType":"section","heading":"Power to discharge mortgage or charge","content":"\t42 Power to discharge mortgage or charge\n\nS. 42(1) amended by No. 79/2014 s. 18.\n\n(1) If the Supreme Court or the County Court is satisfied, on application by—\n\n(a) in the case of property forfeited under a civil forfeiture order, a prescribed person or a person belonging to a prescribed class of persons; or\n\n(b) in any case, the DPP—\n\nthat a mortgage or charge to which the property is subject was created to limit the effect of a forfeiture order or a civil forfeiture order or automatic forfeiture or unexplained wealth forfeiture, it may discharge that mortgage or charge.\n\nS. 42(2) repealed by No. 85/1998 s. 24(Sch. item 11).\n\n(3) The Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of any order under subsection (1).\n\nS. 43 amended by No. 79/2014 s. 19.\n\n","sortOrder":136},{"sectionNumber":"43","sectionType":"section","heading":"Court may give directions","content":"\t43 Court may give directions\n\nA court has power to give all directions that are necessary to give effect to a forfeiture order or a civil forfeiture order made by it or to automatic forfeiture or unexplained wealth forfeiture and may, if it is satisfied on reasonable grounds that any directions have not been, or would not be, complied with, make an order directing a person specified in the order to take control of the forfeited property, or a specified part of the forfeited property.\n\n","sortOrder":137},{"sectionNumber":"44","sectionType":"section","heading":"Disposal of forfeited property","content":"\t44 Disposal of forfeited property\n\nS. 44(1) amended by Nos 43/1998  \ns. 36(j), 55/2014 s. 32(1), 79/2014 s. 20(1), 26/2024 s. 31.\n\n(1) If property that is not money is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB then, subject to subsection (2) and to any direction under subsection (4), the Minister or a prescribed person authorised by the Minister for the purposes of this subsection must, as soon as practicable after the property vests in the Minister, sell or otherwise dispose of the property.\n\nS. 44(2) amended by Nos 43/1998  \ns. 36(j), 68/2009 s. 97(Sch. item 23.34), 68/2010 s. 50(1), 55/2014 s. 32(2), substituted by No. 79/2014 s. 20(2).\n\n(2) Except with the leave of the relevant court, the Minister must not—\n\n(a) dispose of, or otherwise deal with, the property; or\n\n(b) authorise any other person or body to dispose of, or otherwise deal with, the property—\n\nbefore the end of the appeal period, if any, or, if an application has been made under section 49, 51 or 53 for an exclusion order or under section 40A for a section 40B exclusion order or under section 40ZC for a section 40ZD exclusion order, before the final determination of the application, whichever is later.\n\nS. 44(2A) inserted by No. 79/2014 s. 20(2).\n\n(2A) For the purposes of subsection (2), the relevant court is—\n\n(a) in the case of property forfeited under a forfeiture order or a civil forfeiture order—the court which made the order;\n\n(b) in the case of property forfeited by automatic forfeiture—the court in which the accused was convicted;\n\n(c) in the case of property forfeited by unexplained wealth forfeiture—the court which made the unexplained wealth restraining order.\n\n(3) For the purposes of subsection (2), the appeal period ends—\n\n(a) in the case of a forfeiture order, when an appeal may no longer be lodged against either the forfeiture order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined;\n\nS. 44(3)(b) amended by Nos 43/1998  \ns. 17(1)(a)(b), 55/2014 s. 32(3).\n\n(b) in the case of automatic forfeiture under section 35, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22 or, if such an appeal is lodged, when the appeal is abandoned or finally determined;\n\nS. 44(3)(ba) inserted by No. 55/2014 s. 32(4).\n\n(ba) in the case of automatic forfeiture under section 36GA, when an appeal may no longer be lodged against either the conviction in reliance on which automatic forfeiture occurred or a refusal to make an exclusion order under section 22A or, if such an appeal is lodged, when the appeal is abandoned or finally determined;\n\nS. 44(3)(c) inserted by No. 43/1998  \ns. 17(2), amended by Nos 68/2010 s. 50(2), 79/2014 s. 20(3)(a).\n\n(c) in the case of a civil forfeiture order, when an appeal may no longer be lodged against either the civil forfeiture order or a refusal to make a section 36V exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined;\n\nS. 44(3)(d) inserted by No. 79/2014 s. 20(3)(b).\n\n(d) in the case of unexplained wealth forfeiture, when an appeal may no longer be lodged against a refusal to make a section 40S exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined.\n\nS. 44(3A) inserted by No. 77/2013 s. 10(1), amended by No. 55/2014 s. 32(5)(a).\n\n(3A) Despite subsection (2), the Minister is not prevented from taking the action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 49, 51 or 53 for an exclusion order or an application under section 40A for a section 40B exclusion order unless—\n\n(a) the application has been made—\n\nS. 44(3A)(a)(i) amended by No. 55/2014 s. 32(5)(b).\n\n(i) within the period referred to in section 49(2), 51(2), 53(2) or 40A(2) (as the case may be); or\n\nS. 44(3A)(a)(ii) amended by No. 55/2014 s. 32(5)(c).\n\n(ii) after that period, with the leave of the court granted under section 49(3), 51(3), 53(3) or 40A(3) (as the case may be); or\n\nS. 44(3A)(b) amended by No. 55/2014 s. 32(5)(d).\n\n(b) in the case of an application that has been made pursuant to leave granted under section 40A(4), 51(4) or 53(4) (as the case may be)—the leave was granted prior to the disposal of the property.\n\nS. 44(3B) inserted by No. 79/2014 s. 20(4).\n\n(3B) Despite subsection (2), the Minister is not prevented from taking action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 40ZC for a section 40ZD exclusion order unless the application was made within the period referred to in section 40ZC(2)(b).\n\nS. 44(4) amended by Nos 43/1998  \ns. 17(3), 55/2014 s. 32(6), 79/2014 s. 20(5), 55/2025 s. 3.\n\n(4) If property is forfeited under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may, before the property is dealt with under subsection (1), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.\n\n(5) Without limiting subsection (4), the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.\n\nS. 44(6) amended by Nos 43/1998  \ns. 36(j)(k), 55/2014 s. 32(6), 79/2014 s. 20(5), 55/2025 s. 3.\n\n(6) If property is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA or 40ZAB, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may give all directions that are necessary or convenient to realise the Minister's interest in the property.\n\nS. 44(7) inserted by No. 77/2013 s. 10(2).\n\n(7) For the purposes of this section, the disposal of real property includes the creation of a contractual obligation for the sale of the property.\n\nS. 44A inserted by No. 77/2013 s. 11.\n\n","sortOrder":138},{"sectionNumber":"44A","sectionType":"section","heading":"Certificate of disposal","content":"\t44A Certificate of disposal\n\n(1) The Minister or a person prescribed for the purposes of section 44(1) may issue a certificate certifying that specified property has been disposed of in accordance with section 44.\n\n(2) A certificate issued under subsection (1)—\n\n(a) is admissible in evidence in proceedings under this Act; and\n\n(b) in the absence of evidence to the contrary, is proof that the property has been disposed of in accordance with section 44.\n\nS. 45 (Heading) inserted by No. 55/2014 s. 16(1).\n\n","sortOrder":139},{"sectionNumber":"45","sectionType":"section","heading":"Relief from undue hardship","content":"\t45 Relief from undue hardship\n\nS. 45(1) amended by No. 55/2014 s. 16(2).\n\n(1) Subject to subsection (1A), if a court is satisfied that undue hardship may reasonably be likely to be caused to any person by a forfeiture order or a civil forfeiture order made by that court, the court—\n\nS. 45(1)(a) amended by No. 55/2014 s. 16(3).\n\n(a) may order that the person is entitled to be paid a specified amount out of the forfeited property, being an amount that the court thinks is necessary to prevent undue hardship to the person; and\n\n(b) may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age.\n\nS. 45(1A) inserted by No. 55/2014 s. 16(4).\n\n(1A) For the purposes of subsection (1), when determining whether undue hardship may be caused by a forfeiture order to the person convicted of the offence in relation to which the forfeiture order has been made, the court must not take into account the impact on that person of the sentence given for that offence.\n\n(2) An applicant for an order under subsection (1) must give written notice of the application to the applicant for the forfeiture order or the civil forfeiture order.\n\nS. 45A inserted by No. 55/2014 s. 33.\n\n","sortOrder":140},{"sectionNumber":"45A","sectionType":"section","heading":"Relief from automatic forfeiture of property of serious drug offender","content":"\t45A Relief from automatic forfeiture of property of serious drug offender\n\n(1) If the residence of a serious drug offender is forfeited under section 36GA, an application may be made by a dependant of the serious drug offender to the court that made the serious drug offence restraining order for relief from the forfeiture of the residence.\n\n(2) An application under subsection (1) must be made within 30 days after the property is forfeited to the Minister.\n\n(3) On an application under subsection (1), the court may order that the amount referred to in subsection (4) be paid to the dependant out of the proceeds of the sale of the forfeited residence for the purpose of securing new accommodation if the court is satisfied that—\n\n(a) the forfeited residence is the principal place of residence of the dependants; and\n\n(b) the forfeited residence is not tainted property for the purpose of automatic forfeiture under Division 2 of Part 3 or derived property; and\n\n(c) the dependants of the serious drug offender do not have the means to secure accommodation of a value equivalent to the prescribed amount.\n\nS. 45A(4) amended by No. 26/2024 s. 32(1)(a).\n\n(4) The amount that a court may order under subsection (3) be paid to a dependant is—\n\n(a) the prescribed amount; or\n\nS. 45A(4)(b) amended by No. 26/2024 s. 32(1)(b).\n\n(b) in the event that the proceeds of the sale of the forfeited residence are less than the prescribed amount—the amount of those proceeds; or\n\nS. 45A(4)(c) inserted by No. 26/2024 s. 32(1)(c).\n\n(c) an amount that reflects an agreement between the DPP and the dependant; or\n\nS. 45A(4)(d) inserted by No. 26/2024 s. 32(1)(c).\n\n(d) any other amount the court considers appropriate in the circumstances.\n\nS. 45A(4A) inserted by No. 26/2024 s. 32(2).\n\n(4A) An amount under subsection (4)(c) must not be more than the prescribed amount or the amount of the proceeds of sale.\n\n(5) The court may order one payment only from the proceeds of the sale of the forfeited residence.\n\nExample to s. 45A(5) repealed by No. 44/2022 s. 23(2).\n\nS. 45A(5A) inserted by No. 44/2022 s. 23(1), amended by No. 26/2024 s. 32(3).\n\n(5A) For the purposes of subsection (5), the court may order that the payment be divided between 2 or more dependants as specified in the order.\n\nS. 45A(6) substituted by No. 26/2024 s. 32(4).\n\n(6) An applicant for an order under subsection (1) must give written notice of the application to—\n\n(a) the Minister; and\n\n(b) any person prescribed for the purposes of section 44(1); and\n\n(c) the applicant for the serious drug offence restraining order under which the property is forfeited.\n\n(7) In this section—\n\nS. 45A(7) def. of *dependant* amended by Nos 27/2016 s. 16(a), 26/2024 s. 32(5).\n\n***dependant***, of a serious drug offender, means a person who—\n\n(a) has resided with the serious drug offender in the forfeited residence for a substantial period of time immediately prior to the making of the serious drug offence restraining order; and\n\n(b) is wholly or substantially dependent on the serious drug offender, and has been for a substantial period of time immediately prior to the making of the serious drug offence restraining order, for—\n\n(i) financial support; or\n\n(ii) personal care because the person has a severe disability, a medical condition or a condition of frailty;\n\nS. 45A(7) def. of *proceeds of sale* inserted by No. 27/2016 s. 16(b).\n\n***proceeds of sale*** means the proceeds of the sale of the property after all mortgages and charges to which the property is subject have been discharged.\n\nS. 45B inserted by No. 79/2014 s. 21.\n\n","sortOrder":141},{"sectionNumber":"45B","sectionType":"section","heading":"Relief from unexplained wealth forfeiture","content":"\t45B Relief from unexplained wealth forfeiture\n\nS. 45B(1) amended by Nos 44/2022 s. 70, 26/2024 s. 33(1).\n\n(1) If property is forfeited under section 40ZA or 40ZAB, a person may apply to the court that made the unexplained wealth restraining order for relief from the forfeiture of the property.\n\n(2) An application under subsection (1) must be made within 60 days after the property is forfeited to the Minister.\n\n(3) Subject to subsection (4), the court—\n\n(a) may order that the person is entitled to be paid a specified amount out of the forfeited property, being an amount that the court thinks is necessary to prevent undue hardship to the person caused by the unexplained wealth forfeiture; and\n\n(b) may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age.\n\n(4) The court may make an order under subsection (3) if satisfied that—\n\n(a) there are no outstanding applications for a section 40ZD exclusion order in relation to the property; and\n\nS. 45B(4)(ab) inserted by No. 26/2024 s. 33(2).\n\n(ab) in the case of forfeiture of the property to satisfy a debt under an unexplained wealth order, the person has not obtained an order under section 45BA for relief from payment of that debt; and\n\n(b) undue hardship may reasonably be likely to be caused to the applicant by unexplained wealth forfeiture.\n\n(5) An applicant for an order under subsection (1) must give written notice of the application to the applicant for the unexplained wealth restraining order in relation to which unexplained wealth forfeiture occurred.\n\nS. 45BA inserted by No. 26/2024 s. 34.\n\n\t45BA Relief from debt imposed under unexplained wealth order\n\n(1) If a debt is imposed on a person under an unexplained wealth order, the person may apply to the court that made the unexplained wealth order for relief from payment of the debt.\n\n(2) An application under subsection (1) must be made within 60 days after the unexplained wealth order is made.\n\n(3) Subject to subsection (4), the court may reduce the amount payable under the unexplained wealth order by a specified amount, being an amount that the court is satisfied is necessary to prevent undue hardship to the person caused by the debt imposed under the unexplained wealth order.\n\n(4) The court may make an order under subsection (3) if satisfied that—\n\n(a) the person has not obtained an order under section 45B for relief from the forfeiture of property under the unexplained wealth order; and\n\n(b) undue hardship may reasonably be likely to be caused to the applicant by the unexplained wealth order.\n\n(5) An applicant for an order under subsection (1) must give written notice of the application to the applicant for the unexplained wealth order under which the debt was imposed.\n\n(6) On the making of an application for an order under subsection (1), the unexplained wealth order is stayed until a determination of the application is made and, once the determination is made, the court must order the date on which the amount payable under the unexplained wealth order is due.\n\n","sortOrder":142},{"sectionNumber":"46","sectionType":"section","heading":"Discharge of forfeiture order","content":"\t46 Discharge of forfeiture order\n\n(1) A forfeiture order is discharged—\n\nS. 46(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.35).\n\n(a) if the conviction in reliance on which the order was made is subsequently set aside; or\n\n(b) if—\n\n(i) in reliance on the deemed conviction of a person under section 4(1)(d), a forfeiture order has been made in respect of the person; and\n\nS. 46(1)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(ii) after the making of the order, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and\n\n(iii) the person is acquitted, on appeal or otherwise; and\n\n(iv) the person pays to the State any conversion costs notified to the person by the Minister; or\n\n(c) if it is discharged by the court which hears an appeal against it under section 142; or\n\n(d) if a payment is made to discharge it in accordance with section 56 or 57.\n\nS. 46(2) amended by No. 43/1998  \ns. 18(a)(b).\n\n(2) If a forfeiture order is discharged in the manner referred to in paragraph (a), (b) or (c) of subsection (1), the person on whose application the forfeiture order was made must, as soon as practicable after the discharge, give written notice of the discharge to all persons whom the first-mentioned person has reason to believe may have had an interest in the property immediately before it was forfeited.\n\n(3) A notice under subsection (2) must include a statement to the effect that a person claiming to have had an interest in the property immediately before it was forfeited may make an application under section 55.\n\n","sortOrder":143},{"sectionNumber":"47","sectionType":"section","heading":"Discharge of automatic forfeiture in respect of an interest","content":"\t47 Discharge of automatic forfeiture in respect of an interest\n\n(1) Automatic forfeiture under section 35 is discharged in respect of an interest in property—\n\nS. 47(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.36).\n\n(a) if the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or\n\n(b) if an exclusion order in respect of the interest is made, whether on appeal or otherwise; or\n\n(c) if—\n\n(i) in reliance on the deemed conviction of a person under section 4(1)(d), automatic forfeiture has occurred in respect of the person; and\n\nS. 47(1)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(ii) after the occurrence of automatic forfeiture, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and\n\n(iii) the person is acquitted, on appeal or otherwise; and\n\n(iv) the person pays to the State any conversion costs notified to the person by the Minister; or\n\n(d) if a payment is made to discharge it in accordance with section 56 or 57.\n\nS. 47(1A) inserted by No. 55/2014 s. 34(1).\n\n(1A) Automatic forfeiture under section 36GA is discharged in respect of an interest in property if—\n\n(a) the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or\n\n(b) an exclusion order in respect of the interest is made, whether on appeal or otherwise.\n\nS. 47(2) amended by No. 55/2014 s. 34(2).\n\n(2) If automatic forfeiture is discharged in the manner referred to in paragraph (a), (b) or (c) of subsection (1) or in subsection (1A), the DPP must—\n\n(a) as soon as practicable after the discharge, give written notice of the discharge to all persons whom the DPP has reason to believe may have had an interest in the property immediately before it was forfeited; and\n\n(b) if required to do so by a court, give written notice of the discharge to a specified person or class of persons in the manner and within the time that the court considers appropriate.\n\n(3) A notice under subsection (2) must include a statement to the effect that a person claiming to have had an interest in the property immediately before it was forfeited may make an application under section 55.\n\n","sortOrder":144},{"sectionNumber":"48","sectionType":"section","heading":"Discharge of civil forfeiture order","content":"\t48 Discharge of civil forfeiture order\n\n(1) A civil forfeiture order is discharged if—\n\n(a) it is discharged by the Court of Appeal on hearing an appeal against it under section 142; or\n\n(b) a payment is made to discharge it in accordance with section 56 or 57.\n\n(2) If a civil forfeiture order is discharged in the manner referred to in paragraph (a) of subsection (1), the person on whose application the order was made must, as soon as practicable after the discharge, give written notice of the discharge to any person to whom notice of the application for the civil forfeiture order was given under Part 4.\n\n(3) A notice under subsection (2) must include a statement to the effect that a person claiming to have had an interest in the property immediately before it was forfeited may make an application under section 55.\n\nS. 48A inserted by No. 79/2014 s. 22.\n\n","sortOrder":145},{"sectionNumber":"48A","sectionType":"section","heading":"Discharge of unexplained wealth forfeiture in respect of an interest","content":"\t48A Discharge of unexplained wealth forfeiture in respect of an interest\n\n(1) Unexplained wealth forfeiture under section 40ZA is discharged in respect of an interest in property—\n\n(a) if a section 40ZD exclusion order in respect of the interest is made, whether on appeal or otherwise; or\n\n(b) if a payment is made to discharge it in accordance with section 56 or 57.\n\n(2) If unexplained wealth forfeiture is discharged in the manner referred to in subsection (1)(a), the applicant for the unexplained wealth restraining order must—\n\n(a) as soon as practicable after the discharge, give written notice of the discharge to all persons whom the applicant has reason to believe may have had an interest in the property immediately before it was forfeited; and\n\n(b) if required to do so by a court, give written notice of the discharge to a specified person or class of persons in the manner and within the time that the court considers appropriate.\n\n(3) A notice under subsection (2) must include a statement to the effect that a person claiming to have an interest in the property immediately before it was forfeited may make an application under section 55.\n\n","sortOrder":146},{"sectionNumber":"Part 6","sectionType":"part","heading":"Exclusion orders","content":"Part 6—Exclusion orders\n\n","sortOrder":147},{"sectionNumber":"49","sectionType":"section","heading":"Application for exclusion from forfeiture order","content":"\t49 Application for exclusion from forfeiture order\n\nS. 49(1) amended by Nos 43/1998  \ns. 36(l), 68/2009 s. 97(Sch. item 23.37).\n\n(1) If property is forfeited, or is sought to be forfeited, to the Minister under a forfeiture order, a person (other than the accused) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited may, subject to subsection (2), apply to the court that made the forfeiture order or from which a forfeiture order is sought for an order under section 50.\n\n(2) The application must, subject to subsection (3), be made at the same time as the application for a forfeiture order or, if a forfeiture order has been made, before the end of the period of 60 days commencing on the day on which the forfeiture order was made.\n\nS. 49(3) amended by Nos 77/2013 s. 12(1), 44/2022 s. 18(1).\n\n(3) Subject to subsections (3A) and (3B), the court that made the forfeiture order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.\n\nS. 49(3A) inserted by No. 77/2013 s. 12(2).\n\n(3A) The court may not grant a person leave under subsection (3) to make an application in respect of property that has been disposed of in accordance with section 44.\n\nS. 49(3B) inserted by No. 44/2022 s. 18(2).\n\n(3B) The court may not grant a person leave under subsection (3) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.\n\n(4) An applicant must give written notice of the application, and of the grounds on which it is made—\n\n(a) to the applicant for the forfeiture order; and\n\nS. 49(4)(b) amended by No. 77/2013 s. 12(3)(a).\n\n(b) to any other person whom the applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited; and\n\nS. 49(4)(c) inserted by No. 77/2013 s. 12(3)(b).\n\n(5) Any person notified under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 50.\n\n(6) If—\n\n(a) the person referred to in subsection (4)(a) proposes to contest an application for an exclusion order; and\n\n(b) the application is not made at the same time as the application for a forfeiture order—\n\nthat person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested.\n\n","sortOrder":148},{"sectionNumber":"50","sectionType":"section","heading":"Determination of exclusion application—forfeiture order","content":"\t50 Determination of exclusion application—forfeiture order\n\n(1) On an application made under section 49—\n\nS. 50(1)(a) amended by No. 42/2007 s. 10(1)(a).\n\n(a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that—\n\nS. 50(1)(a)(i) amended by No. 87/2004 s. 22(1)(l).\n\n(i) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and\n\nS. 50(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(l), 68/2009 s. 97(Sch. item 23.38).\n\n(ii) where the applicant acquired the interest before the commission of the Schedule 1 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and\n\nS. 50(1)(a)(iii) amended by No. 87/2004 s. 22(1)(l).\n\n(iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 1 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; and\n\nS. 50(1)(a)(iv) substituted by No. 42/2007 s. 10(2), amended by No. 68/2009 s. 97(Sch. item 23.38).\n\n(iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 1 offence or the date that the restraining order was made in relation to the property; and\n\nS. 50(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.38).\n\n(v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or\n\nS. 50(1)(b) substituted by No. 43/1998  \ns. 19, amended by No. 42/2007 s. 10(1)(b).\n\n(b) if the court is satisfied that the property is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order.\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\n","sortOrder":149},{"sectionNumber":"51","sectionType":"section","heading":"Application for exclusion from automatic forfeiture","content":"\t51 Application for exclusion from automatic forfeiture\n\nS. 51(1) amended by Nos 43/1998  \ns. 36(m), 68/2009 s. 97(Sch. item 23.39).\n\n(1) If property is forfeited to the Minister under section 35, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant restraining order for an order under section 52.\n\nS. 51(2) amended by No. 43/1998  \ns. 36(m).\n\n(2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.\n\nS. 51(3) amended by Nos 77/2013 s. 13(1), 44/2022 s. 19(1).\n\n(3) Subject to subsections (5A) and (5B), the court that made the relevant restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.\n\n(4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of—\n\n(a) proceedings on the application for the relevant restraining order; or\n\n(b) the making of the relevant restraining order—\n\nexcept with the leave of the court that made the relevant restraining order.\n\nS. 51(5) amended by Nos 42/2007 s. 18(Sch. item 15), 77/2013 s. 13(1), 44/2022 s. 19(1).\n\n(5) Subject to subsections (5A) and (5B), the court may grant a person leave under subsection (4) to make an application if the court is satisfied that the person's failure to seek to have that person's interest in the property excluded from the relevant restraining order was not due to neglect on the part of the applicant.\n\nS. 51(5A) inserted by No. 77/2013 s. 13(2).\n\n(5A) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that has been disposed of in accordance with section 44.\n\nS. 51(5B) inserted by No. 44/2022 s. 19(2).\n\n(5B) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.\n\n(6) An applicant must give written notice of the application, and of the grounds on which it is made—\n\n(a) to the DPP; and\n\nS. 51(6)(b) amended by No. 77/2013 s. 13(3)(a).\n\n(b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited; and\n\nS. 51(6)(c) inserted by No. 77/2013 s. 13(3)(b).\n\n(7) Any person notified under subsection (6) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 52.\n\n(8) If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested.\n\n","sortOrder":150},{"sectionNumber":"52","sectionType":"section","heading":"Determination of exclusion application—automatic forfeiture","content":"\t52 Determination of exclusion application—automatic forfeiture\n\nS. 52(1) amended by No. 42/2007 s. 11(1).\n\n(1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35—\n\nS. 52(1)(a) amended by No. 42/2007 s. 11(2).\n\n(a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—\n\nS. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m).\n\n(i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and\n\nS. 52(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(m), 68/2009 s. 97(Sch. item 23.40).\n\n(ii) where the applicant acquired the interest before the commission of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and\n\nS. 52(1)(a)(iii) amended by Nos 87/2004 s. 22(1)(m), 42/2007 s. 11(2).\n\n(iii) where the applicant acquired the interest at the time of or after the 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\n\nS. 52(1)(a)(iv) substituted by No. 42/2007 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 23.40).\n\n(iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and\n\nS. 52(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.40).\n\n(v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or\n\nS. 52(1)(b) amended by No. 42/2007 s. 11(2).\n\n(b) if the court is satisfied that the property is not tainted property or derived property and that—\n\nS. 52(1)(b)(i) substituted by No. 42/2007 s. 11(4), amended by No. 68/2009 s. 97(Sch. item 23.40).\n\n(i) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and\n\nS. 52(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 23.40).\n\n(ii) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration.\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\nS. 53 amended by Nos 43/1998 s. 36(n), 87/2004 s. 18(1)–(4), 79/2006 s. 11, 42/2007 s. 18(Sch. item 16), repealed by No. 68/2010 s. 51,  \nnew s. 53 inserted by No. 55/2014 s. 35.\n\n","sortOrder":151},{"sectionNumber":"53","sectionType":"section","heading":"Application for exclusion from automatic forfeiture of property of serious drug offender","content":"\t53 Application for exclusion from automatic forfeiture of property of serious drug offender\n\n(1) If property is forfeited to the Minister under section 36GA, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant serious drug offence restraining order for an order under section 54.\n\n(2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.\n\nS. 53(3) amended by No. 44/2022 s. 20(1).\n\n(3) Subject to subsections (6) and (6A), the court that made the relevant serious drug offence restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.\n\n(4) An application for an order under section 54 in relation to an interest in property must not be made by a person who was given notice of—\n\n(a) proceedings on the application for the relevant serious drug offence restraining order; or\n\n(b) the making of the relevant serious drug offence restraining order—\n\nexcept with the leave of the court that made the relevant serious drug offence restraining order.\n\nS. 53(5) amended by No. 44/2022 s. 20(1).\n\n(5) Subject to subsections (6) and (6A), the court may grant a person leave under subsection (4) to make an application if the court is satisfied that the person's failure to seek to have that person's interest in the property excluded from the relevant serious drug offence restraining order was not due to neglect on the part of the applicant.\n\n(6) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that has been disposed of in accordance with section 44.\n\nS. 53(6A) inserted by No. 44/2022 s. 20(2).\n\n(6A) The court may not grant a person leave under subsection (3) or (5) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.\n\n(7) An applicant must give written notice of the application, and of the grounds on which it is made—\n\n(a) to the DPP; and\n\n(b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited; and\n\n(8) Any person notified under subsection (7) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 54.\n\n(9) If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested.\n\nS. 54 amended by Nos 43/1998 s. 20, 87/2004 s. 18(5)(6), 42/2007 s. 12, repealed by No. 68/2010 s. 51,  \nnew s. 54 inserted by No. 55/2014 s. 35.\n\n","sortOrder":152},{"sectionNumber":"54","sectionType":"section","heading":"Determination of application from exclusion from automatic forfeiture of property of serious drug offender","content":"\t54 Determination of application from exclusion from automatic forfeiture of property of serious drug offender\n\nS. 54(1) substituted by No. 44/2022 s. 21.\n\n(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 section 36GA—\n\n(i) the property is not tainted property or derived property; and\n\n(ii) the applicant was not, in any way, involved in the commission of the serious drug offence in relation to which the relevant serious drug offence restraining order was made; and\n\n(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of—\n\n(B) the date that the serious drug offence restraining order was made in relation to the property; and\n\n(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; or\n\n(b) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that—\n\n(i) where the applicant acquired the interest before the commission, or alleged commission, of the serious drug offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the serious drug offence; and\n\n(ii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the serious drug 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\n\n(iii) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the serious drug offence or the date that the restraining order was made in relation to the property; and\n\n(iv) where the applicant acquired the interest from the accused, directly or indirectly, it was acquired for sufficient consideration; and\n\n(v) the applicant was not, in any way, involved in the commission of the serious drug offence.\n\n(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.\n\n","sortOrder":153},{"sectionNumber":"Part 7","sectionType":"part","heading":"Return of property","content":"Part 7—Return of property\n\n","sortOrder":154},{"sectionNumber":"55","sectionType":"section","heading":"Application to Minister for return of property or payment of value","content":"\t55 Application to Minister for return of property or payment of value\n\n(a) a forfeiture order is discharged in the manner referred to in section 46(1)(a), (b) or (c); or\n\nS. 55(1)(b) amended by No. 55/2014 s. 36(1).\n\n(b) automatic forfeiture is discharged in the manner referred to in section 47(1)(a), (b) or (c) or (1A)(a) or (b); or\n\nS. 55(1)(c) amended by No. 79/2014 s. 23(1)(a).\n\n(c) a civil forfeiture order is discharged in the manner referred to in section 48(1)(a); or\n\nS. 55(1)(d) inserted by No. 79/2014 s. 23(1)(b).\n\n(d) unexplained wealth forfeiture is  \ndischarged in the manner referred to in section 48A(1)(a)—\n\nany 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.\n\nS. 55(2) amended by Nos 68/2010 s. 52(1), 55/2014 s. 36(2), 79/2014 s. 23(2).\n\n(2) If a court makes an exclusion order under section 50(1), 52(1) or 54(1) or a section 40B exclusion order or a section 40ZD exclusion order in respect of an interest in property, the applicant for the exclusion order or the section 40B exclusion order, as the case requires, may apply in writing to the Minister for the transfer of the interest to the person.\n\n(3) On receipt of an application under subsection (1) or (2), the Minister may transfer the interest to the applicant if satisfied that—\n\n(a) the interest was vested in the applicant immediately before the forfeiture; and\n\nS. 55(3)(b) amended by No. 43/1998  \n\n(b) the interest is still vested in the Minister; and\n\n(c) there is no reason why the interest should not be transferred to the applicant.\n\nS. 55(4) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(2), 55/2014 s. 36(3), 79/2014 s. 23(3).\n\n(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), 36H(4), 40C(4), 45 or 45A paid to the person in relation to that forfeiture order.\n\nS. 55(5) amended by No. 43/1998  \n\n(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.\n\nS. 55(6) amended by No. 43/1998  \n\n(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—\n\nS. 55(6)(a) amended by Nos 68/2010 s. 52(3)(a), 55/2014 s. 36(4), 79/2014 s. 23(4)(a).\n\n(a) if an order has not been made under section 50(2), 52(2) or 54(2) or under section 40B(2) or 40ZD(4), the Minister may make a declaration of the value (as at the time of making the declaration) of the interest; and\n\nS. 55(6)(b) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(3)(b), 55/2014 s. 36(3), 79/2014 s. 23(4)(b).\n\n(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), 36H(4), 40C(4), 45 or 45A paid to the person in relation to that forfeiture order.\n\n(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.\n\nS. 55(8) amended by No. 43/1998  \ns. 36(p).\n\n(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.\n\nS. 55(9) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(4)(b), 55/2014 s. 36(3), 79/2014 s. 23(5)(b).\n\n(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—\n\nS. 55(9)(a) amended by Nos 68/2010 s. 52(4)(a), 55/2014 s. 36(4), 79/2014 s. 23(5)(a).\n\n(a) the amount determined by the court under section 50(2), 52(2) or 54(2) or under section 40B(2) or 40ZD(4); or\n\n(b) if no such determination has been made, an amount equal to the value of the interest as determined by the Minister—\n\nless any amount referred to in section 14(4), 36H(4), 40C(4), 45 or 45A paid to the applicant in relation to that forfeiture order.\n\n(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.\n\n","sortOrder":155},{"sectionNumber":"56","sectionType":"section","heading":"Person with interest in forfeited property may buy back interest","content":"\t56 Person with interest in forfeited property may buy back interest\n\nS. 56(1) amended by Nos 43/1998  \ns. 36(q), 79/2014 s. 24.\n\n(1) If property is forfeited to the Minister under Part 3, Part 4 or Part 4A, any person who claims to have had an interest in the property immediately before it was forfeited may apply in writing to the Minister  to buy back the interest.\n\nS. 56(1A) inserted by No. 26/2024 s. 35.\n\n(1A) An application under this section must be made within 60 days after the property is forfeited to the Minister or at such later date specified by the Minister, having regard to the circumstances of the case.\n\n(2) An applicant must give written notice of the application to any other person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited.\n\n(3) If the Minister is satisfied that—\n\n(a) the interest was vested in the applicant immediately before the forfeiture; and\n\nS. 56(3)(b) amended by No. 43/1998  \ns. 36(q).\n\n(b) the interest is still vested in the Minister; and\n\n(c) there is no reason why the interest should not be transferred to the applicant—\n\nthe Minister may make a declaration of the value (as at the time of making the declaration) of the interest and notify the applicant accordingly.\n\nS. 56(4) amended by No. 43/1998  \ns. 21(1).\n\n(4) If the applicant pays to the Minister the amount so notified within 2 months, the Minister may transfer the interest to the applicant and the forfeiture is discharged to the extent to which it relates to the interest.\n\nS. 56(5) amended by No. 43/1998  \ns. 36(r).\n\n(5) If the Minister is permitted by this section to transfer an interest in property 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.\n\n(6) 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.\n\nS. 56(7) amended by Nos 43/1998  \ns. 21(2), 68/2009 s. 97(Sch. item 23.41).\n\n(7) If an applicant has paid an amount under this section in respect of an interest in property forfeited under Part 3 and in relation to an offence for which the conviction is subsequently set aside, the applicant is entitled to the refund of the amount paid.\n\n","sortOrder":156},{"sectionNumber":"57","sectionType":"section","heading":"Buying out other interests in forfeited property","content":"\t57 Buying out other interests in forfeited property\n\nS. 57(1) amended by Nos 43/1998  \ns. 36(s), 79/2014 s. 24.\n\n(1) If property is forfeited to the Minister under Part 3, Part 4 or Part 4A, any person who claims to have had an interest in the property immediately before it was forfeited may apply in writing to the Minister  to buy out any other interest in the property.\n\nS. 57(1A) inserted by No. 26/2024 s. 36.\n\n(1A) An application under this section must be made within 60 days after the property is forfeited to the Minister or at such later date specified by the Minister, having regard to the circumstances of the case.\n\n(2) An applicant must give written notice to each other person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited that—\n\nS. 57(2)(a) amended by No. 43/1998  \ns. 36(s).\n\n(a) the applicant wishes to purchase that other interest from the Minister; and\n\n(b) the person notified may, within 28 days after receiving the notice, lodge a written objection to the purchase of that interest with the Minister.\n\n(3) If the Minister is satisfied that—\n\n(a) an interest in the property was vested in the applicant immediately before the forfeiture; and\n\nS. 57(3)(b) amended by No. 43/1998  \ns. 36(s).\n\n(b) the interest that the applicant wishes to purchase is still vested in the Minister; and\n\n(c) there is no reason why the interest should not be sold to the applicant—\n\nthe Minister may make a declaration of the value (as at the time of making the declaration) of the interest and notify the applicant accordingly.\n\n(4) If—\n\n(a) a person notified under subsection (2) does not lodge a written objection to the purchase of the person's interest with the Minister within the period referred to in that subsection; and\n\n(b) within 6 months after being notified of the amount payable under subsection (3) the applicant pays to the Minister the amount so notified—\n\nthe Minister must transfer that interest to the applicant and the forfeiture is discharged to the extent to which it relates to the interest.\n\nS. 57(5) amended by No. 43/1998  \ns. 36(t).\n\n(5) If the Minister is permitted by this section to transfer an interest in property 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.\n\n(6) 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.\n\n","sortOrder":157},{"sectionNumber":"Part 8","sectionType":"part","heading":"Pecuniary penalty orders","content":"Part 8—Pecuniary penalty orders\n\nPt 8 Div. 1 (Heading) substituted by No. 87/2004 s. 19(a).\n\nDivision 1—Pecuniary penalty orders following conviction\n\n","sortOrder":158},{"sectionNumber":"58","sectionType":"section","heading":"Application for pecuniary penalty order","content":"\t58 Application for pecuniary penalty order\n\nS. 58(1) amended by Nos 87/2004 s. 19(b), 68/2009 s. 97(Sch. item 23.42), substituted by No. 27/2016 s. 17.\n\n(1) If an accused is convicted of a Schedule 2 offence—\n\n(a) the DPP may apply to the Supreme Court or the court before which the accused was convicted of the offence; or\n\n(b) where the accused was convicted of the offence before the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court—\n\nfor a pecuniary penalty order.\n\nS. 58(2) amended by Nos 87/2004 s. 19(c), 68/2009 s. 97(Sch. item 23.42(a)).\n\n(2) If an accused is convicted of a Schedule 1 offence other than a Schedule 2 offence—\n\n(a) the DPP may apply to a court; or\n\n(b) an appropriate officer may apply to the Magistrates' Court or the Children's Court—\n\nfor a pecuniary penalty order.\n\nS. 58(3) amended by No. 68/2009 s. 97(Sch. item 23.42(b)).\n\n(3) Except with the leave of the Supreme Court or the court before which the accused was convicted, an application may only be made under subsection (1) or (2) before the end of the relevant period (if any) in relation to the conviction.\n\n(4) A court must not grant leave under subsection (3) unless it is satisfied that—\n\n(a) the benefit to which the application relates was derived, realised or identified only after the end of the relevant period; or\n\n(b) necessary evidence became available only after the end of the relevant period; or\n\nS. 58(5) amended by No. 68/2009 s. 97(Sch. item 23.42(b)).\n\n(5) The applicant must give written notice of the application to the accused.\n\n(6) The court may waive the requirement under subsection (5) to give notice if the court is satisfied that it is fair to do so.\n\n(7) The court may, at any time before the final determination of the application and whether or not the period for making the application has expired, amend the application as it thinks fit, either at the request of the applicant or with the approval of the applicant.\n\n(8) If an application under subsection (1) or (2) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or the court which dealt with the earlier application.\n\n(9) A court must not grant leave under subsection (8) unless it is satisfied that—\n\n(a) the benefit to which the new application relates was derived, realised or identified only after the earlier application was determined; or\n\n","sortOrder":159},{"sectionNumber":"59","sectionType":"section","heading":"Determination of application for pecuniary penalty order","content":"\t59 Determination of application for pecuniary penalty order\n\nS. 59(1) amended by No. 87/2004 s. 19(d).\n\n(1) On an application under section 58(1) or (2), the court may—\n\nS. 59(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.43).\n\n(a) assess the value of the benefits derived by the accused in relation to the offence; and\n\nS. 59(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.43).\n\n(b) order the accused to pay to the State a pecuniary penalty equal to the value as so assessed less, if the court thinks it desirable to take it into account, any amount paid or payable by way of restitution or compensation in relation to the same conviction—\n\nand must do so on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence.\n\nS. 59(2) amended by No. 68/2009 s. 97(Sch. item 23.43).\n\n(2) The accused is entitled to appear and to give evidence at the hearing of an application under section 58(1) or (2) but the absence of the accused does not prevent the court from making a pecuniary penalty order.\n\nS. 59(3) amended by No. 68/2009 s. 97(Sch. item 23.43).\n\n(3) If an application is made under section 58(2) to the court before which the accused was convicted of the offence before that court has passed sentence for the offence, that court may make a pecuniary penalty order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order.\n\nS. 59(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 9.2).\n\n(4) On an application under section 58(1) or (2) a court may, subject to Part 3.10 of the **Evidence Act 2008** and any rules of court, take into account in determining the application any material that it thinks fit including—\n\n(a) subject to section 99(2), a statement or disclosure made during an examination ordered under Part 12; and\n\n(b) evidence given in any proceeding relating to the offence in reliance on the conviction of which the application is made—\n\nand, for this purpose, the whole or any part of the transcript of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application.\n\nS. 59(5) amended by No. 54/2000 s. 25(2).\n\n(5) A court must give priority to an application made under section 84 (restitution order) or Division 2 of Part 4 (compensation order) of the **Sentencing Act 1991** in relation to the same conviction and, accordingly, may defer the determination of an application under section 58(1) or (2) until the application under the **Sentencing Act 1991** has been determined.\n\n(6) A court may defer the determination of an application under section 58(1) until the final determination of any application for an exclusion order under section 22(a).\n\n","sortOrder":160},{"sectionNumber":"60","sectionType":"section","heading":"Consent orders","content":"\t60 Consent orders\n\n(1) Subject to section 12, a court may make a pecuniary penalty order under this Division by consent of the applicant and the respondent.\n\nS. 60(2) amended by Nos 43/1998  \ns. 36(u), 42/2007 s. 18(Sch. item 17).\n\n(2) A law enforcement agency or an applicant for a pecuniary penalty order must not enter into an agreement to settle any matter in respect of which a pecuniary penalty order could be made under this Division and which involves the payment of money or the transfer of any interest in property to the State or the Minister except—\n\nS. 60(2)(d) amended by No. 68/2009 s. 97(Sch. item 23.44).\n\n(d) with the approval of the Supreme Court or the court before which the accused was convicted of the offence in reliance on which an application for a pecuniary penalty order could be made.\n\nS. 61 amended by No. 68/2009 s. 97(Sch. item 23.45).\n\n","sortOrder":161},{"sectionNumber":"61","sectionType":"section","heading":"Pecuniary penalty order does not prevent forfeiture","content":"\t61 Pecuniary penalty order does not prevent forfeiture\n\nThe making of a pecuniary penalty order under this Division against an accused in relation to an offence does not prevent—\n\n(a) the making of a forfeiture order; or\n\n(b) automatic forfeiture occurring—\n\nin respect of an interest in property of the accused in relation to the same offence.\n\n","sortOrder":162},{"sectionNumber":"62","sectionType":"section","heading":"Discharge of pecuniary penalty order","content":"\t62 Discharge of pecuniary penalty order\n\n(1) A pecuniary penalty order under this Division is discharged—\n\nS. 62(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.46).\n\n(a) if the conviction in reliance on which the order was made is subsequently set aside; or\n\n(b) if—\n\n(i) in reliance on the deemed conviction of a person under section 4(1)(d), a pecuniary penalty order has been made under this Division against the person; and\n\nS. 62(1)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(ii) after the making of the order, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and\n\n(iii) the person is acquitted, on appeal or otherwise; or\n\n(c) if it is discharged by the court which hears an appeal against it under section 142; or\n\n(d) if the pecuniary penalty is paid.\n\nS. 62(1A) inserted by No. 68/2010 s. 20.\n\n(1A) Property forfeited to the Minister under this Act must not be taken into account in determining whether a pecuniary penalty order is discharged.\n\nS. 62(2) amended by No. 43/1998  \ns. 39(c).\n\n(2) If a pecuniary penalty order is registered under the Service and Execution of Process Act 1992 of the Commonwealth, notice of the discharge of that order must be given as prescribed by the rules of the Supreme Court.\n\nPt 8 Div. 2 (Heading and ss 63–66) amended by Nos 43/1998 ss 22, 23, 36(v), 39(d), 54/2000 s. 25(2), 87/2004 s. 19(e)–(i), 42/2007 s. 18(Sch. item 18), 68/2009 s. 97(Sch. item 23.47–23.52), 69/2009 s. 54(Sch. Pt 1 item 9.3), repealed by No. 68/2010 s. 53.\n\nDivision 3—General\n\n","sortOrder":163},{"sectionNumber":"67","sectionType":"section","heading":"Assessment of benefits","content":"\t67 Assessment of benefits\n\nS. 67(1) amended by Nos 43/1998  \ns. 36(w), 68/2009 s. 97(Sch. item 23.53(a)).\n\n(1) For the purposes of this Part, the value of the benefits derived by an accused in relation to an offence may include—\n\nS. 67(1)(aa) inserted by No. 43/1998  \ns. 24.\n\n(aa) any money actually received as a result of the commission of the offence, regardless of expenditures incurred in deriving that money;\n\nS. 67(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).\n\n(a) any property that was derived or realised, directly or indirectly, by the accused or another person, at the request or by the direction of the accused, as the result of the commission of the offence;\n\nS. 67(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).\n\n(b) any benefit, service or financial advantage provided for the accused or another person, at the request or by the direction of the accused, as the result of the commission of the offence;\n\nS. 67(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).\n\n(c) any increase in the total value of property in which the accused has an interest in the period beginning immediately before the commission of the offence and ending at some time after the commission of the offence that the court is not satisfied was due to causes unrelated to the commission of the offence;\n\nS. 67(1)(d) amended by No. 68/2009 s. 97(Sch. item 23.53(b)–(d)).\n\n(d) subject to subsection (3), any profits derived by the accused, or by another person on behalf of the accused or at the request or by the direction of the accused, from a depiction of the offence or an expression of the thoughts, opinions or emotions of the accused regarding the offence in—\n\n(i) a film, slide, video tape, video disc or any other form of recording from which a visual image can be produced; or\n\n(ii) a record, tape, compact disc or any other form of recording from which words or sounds can be produced; or\n\n(iii) a book, newspaper, magazine or other written or pictorial matter; or\n\n(iv) a radio or television production; or\n\n(v) a live entertainment of any kind;\n\n(e) any other thing that the court thinks fit to treat as benefits—\n\nbut must not include any property forfeited to the Minister under this Act.\n\n(2) For the purposes of subsection (1)(c), if an offence is committed between 2 dates, the period begins immediately before the earlier of the 2 dates and ends at some time after the later of the 2 dates.\n\n(3) In considering whether to treat profits of a kind referred to in subsection (1)(d) as benefits derived in relation to the offence, the court may have regard to any matters that it thinks fit including—\n\n(a) whether it is not in the public interest to treat them as benefits; and\n\n(b) whether the depiction or expression has any general social or educational value; and\n\n(c) the nature and purposes of the publication, production or entertainment including its use for research, educational or rehabilitation purposes.\n\nNote to s. 67 inserted by No. 42/2007 s. 18(Sch. item 19).\n\n","sortOrder":164},{"sectionNumber":"68","sectionType":"section","heading":"Assessment of benefits in relation to Schedule 2 offences","content":"\t68 Assessment of benefits in relation to Schedule 2 offences\n\nS. 68(1) amended by No. 87/2004 s. 19(j)(i)(ii).\n\n(1) A prescribed person or a person belonging to a prescribed class of persons may apply to the Supreme Court for the application of this section in relation to a Schedule 2 offence.\n\nS. 68(2) amended by No. 87/2004 s. 19(k).\n\n(2) The DPP may apply to the Supreme Court or the County Court for the application of this section in relation to a Schedule 2 offence.\n\nS. 68(3) amended by Nos 43/1998  \ns. 36(x), 68/2009 s. 97(Sch. item 23.54(a)).\n\n(3) In assessing the value of the benefits derived by an accused in relation to an offence, the court must, on application under subsection (1) or (2), subject to subsection (4), treat as benefits—\n\nS. 68(3)(a) amended by No. 68/2009 s. 97(Sch. item 23.54(b)).\n\n(a) all property in which the accused had an interest at the time the first application is made under this Act in respect of the offence; and\n\nS. 68(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.54(b)).\n\n(b) all expenditure of the accused within the period of 6 years immediately before the time the first application is made under this Act in respect of the offence—\n\nregardless of whether any benefits were actually derived and whether they were derived in relation to an offence, but must not include any property which has been forfeited to the Minister under this Act.\n\nS. 68(4) amended by No. 68/2009 s. 97(Sch. item 23.54(b)).\n\n(4) On an application under subsection (1) or (2), the Supreme Court or the County Court may refuse to treat as benefits specified property or expenditure if the Court is satisfied by the accused that—\n\n(a) in the case of property—\n\n(i) the property—\n\nS. 68(4) (a)(i)(A) amended by No. 68/2009 s. 97(Sch. item 23.54(b)).\n\n(A) was lawfully acquired by the accused; and\n\nS. 68(4)(a)(i)(B) substituted by No. 42/2007 s. 13.\n\n(B) is not derived property; and\n\nS. 68(4)(a)(i)(C) inserted by No. 42/2007 s. 13.\n\n(C) is not tainted property; or\n\n(ii) an interstate forfeiture order already applies to the property; or\n\n(iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the **Crimes (Confiscation of Profits) Act 1986** already applies to the property; or\n\n(b) in the case of expenditure—\n\n(i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or\n\n(ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the **Crimes (Confiscation of Profits) Act 1986**.\n\nNote to s. 68 inserted by No. 42/2007 s. 18(Sch. item 20).\n\nS. 69 (Heading) inserted by No. 68/2010 s. 21.\n\n","sortOrder":165},{"sectionNumber":"69","sectionType":"section","heading":"Variation of pecuniary penalty order after successful appeal against restitution or compensation order","content":"\t69 Variation of pecuniary penalty order after successful appeal against restitution or compensation order\n\nS. 69(1) amended by No. 68/2009 s. 97(Sch. item 23.55).\n\n(a) a court made a pecuniary penalty order under this Part in relation to an offence; and\n\nS. 69(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.55).\n\n(b) in assessing the value of the benefits derived, the court took into account the making of a restitution or compensation order under the **Sentencing Act 1991** against the accused in relation to the offence; and\n\n(c) an appeal against the restitution or compensation order is allowed—\n\nthe DPP or the accused may apply to the court which made the pecuniary penalty order for a variation of that order, taking into account the successful appeal.\n\nS. 69(2) amended by No. 68/2009 s. 97(Sch. item 23.55).\n\n(2) An applicant under subsection (1) must give written notice of the application to the DPP or the accused, as the case may be.\n\n(3) On an application under subsection (1) the court may, if it considers it appropriate to do so, vary the pecuniary penalty order.\n\nS. 69A inserted by No. 68/2010 s. 22.\n\n","sortOrder":166},{"sectionNumber":"69A","sectionType":"section","heading":"Variation of pecuniary penalty order after subsequent forfeiture","content":"\t69A Variation of pecuniary penalty order after subsequent forfeiture\n\n(a) a court made a pecuniary penalty order under this Part in relation to an offence; and\n\n(b) in assessing the value of the benefits derived, the court included or treated as benefits any property that is later forfeited to the Minister under this Act in relation to the same offence—\n\nthe DPP or the accused may apply to the court which made the pecuniary penalty order for a variation of that order, taking into account the later forfeiture.\n\n(2) An applicant under subsection (1) must give written notice of the application to the DPP or the accused, as the case may be.\n\n(3) On an application under subsection (1), the court must exclude the forfeited property from the assessment of benefits and vary the pecuniary penalty order accordingly.\n\n","sortOrder":167},{"sectionNumber":"70","sectionType":"section","heading":"Declaration that property available to satisfy order","content":"\t70 Declaration that property available to satisfy order\n\n(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—\n\nS. 70(1)(a) substituted by No. 42/2007 s. 14, amended by No. 68/2009 s. 97(Sch. item 23.56).\n\n(a) was subject to the effective control of the accused on the earlier of the date that the accused was charged with the offence for which the accused was convicted or the date when the restraining order was made; or\n\nS. 70(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.56).\n\n(b) was the subject of a gift from the accused to another person—\n\nmake an order declaring that the whole, or a specified part, of that property is available to satisfy a pecuniary penalty order.\n\nS. 70(2) amended by No. 68/2009 s. 97(Sch. item 23.56).\n\n(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 accused.\n\n(3) An applicant under subsection (1) must give written notice of the application—\n\n(a) to the person against whom the order is sought; and\n\nS. 70(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.56).\n\n(b) to the accused; and\n\n(c) to any other person to whom the court directs that notice be given; and\n\n(d) to any other person whom the applicant has reason to believe has an interest in the property.\n\n(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.\n\n","sortOrder":168},{"sectionNumber":"71","sectionType":"section","heading":"Court may give directions","content":"\t71 Court may give directions\n\nA court has power to give all directions that are necessary to give effect to a pecuniary penalty order made by it and may, if it is satisfied on reasonable grounds that any directions have not been, or would not be, complied with, make an order directing a person specified in the order to take control of property on which there is a charge created by section 72(1) or (2).\n\n","sortOrder":169},{"sectionNumber":"72","sectionType":"section","heading":"Charge on property subject to restraining order or declaration","content":"\t72 Charge on property subject to restraining order or declaration\n\nS. 72(1) amended by No. 43/1998  \ns. 25(c).\n\nS. 72(1)(a) amended by No. 43/1998  \ns. 25(a).\n\n(a) a court makes a restraining order in respect of all or some of the property of a person; and\n\nS. 72(1)(b) amended by No. 43/1998  \ns. 25(b).\n\n(b) a court, whether before or after the making of the restraining order, makes a pecuniary penalty order against that person—\n\nthen there is created, on the making of the pecuniary penalty order or the restraining order, whichever is the later, a charge on all the property of that person to which the restraining order applies to secure the payment to the State of the pecuniary penalty.\n\n(2) If a court makes a declaration under section 70(1), then there is created, on the making of the declaration, a charge on all the property to which the declaration applies to secure the payment to the State of the pecuniary penalty.\n\nS. 72(3) amended by No. 68/2010 s. 33.\n\n(3) A charge created by subsection (1) or (2) on property ceases to have effect if any of the following occurs—\n\n(a) the pecuniary penalty order is discharged;\n\nS. 72(3)(ab) inserted by No. 44/2022 s. 34(1).\n\n(ab) the restraining order is set aside or ceases to be in force with respect to the property;\n\n(b) the property is disposed of under section 75;\n\n(c) the property is disposed of with the consent of the court that made the pecuniary penalty order or, if a trustee has been directed to take control of the property, with the consent of the trustee;\n\n(d) the property is sold to a purchaser in good faith for value who, at the time of the purchase, had no notice of the charge.\n\n(4) A charge created by subsection (1) or (2) on property—\n\n(a) except as provided by section 42(1), is subject to every encumbrance to which the property was subject immediately before the pecuniary penalty order or declaration (as the case may be) was made but has priority over all other encumbrances; and\n\n(b) subject to subsection (3), remains on the property despite any disposal of the property.\n\nS. 72(5) amended by No. 44/2022 s. 34(2).\n\n(5) If—\n\n(a) a charge is created by subsection (1) or (2) on property of a particular kind; and\n\n(b) any law of Victoria provides for the registration of charges on property of that kind—\n\nthe applicant for the pecuniary penalty order or declaration or a prescribed person or a person belonging to a prescribed class of persons may cause the charge so created to be registered under that law.\n\nS. 72(5A) inserted by No. 44/2022 s. 34(3).\n\n(5A) In the case of a charge on land that is under the operation of the **Transfer of Land Act 1958**,  and that is registered in accordance with subsection (5), the Minister must give written notice to—\n\n(a) a person whose interest in land is subject to a charge created by subsection (1) or (2); and\n\n(b) any other person recorded in the Register kept under the **Transfer of Land Act 1958** as having a registered interest in the land that—\n\n(i) the land is charged under this section with the amount stated in the notice; or\n\n(ii) the charge has been removed.\n\n(6) If the charge is registered under subsection (5), a person who purchases the property after the registration of the charge is, for the purposes of subsection (3)(d), to be taken to have had notice of the charge.\n\nS. 72(7) amended by No. 44/2022 s. 34(4).\n\n(a) a declaration under section 70(1) applies to property of a particular kind; and\n\n(b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind—\n\nthe relevant registration authority under that law must, on application to it by the applicant for the declaration or a prescribed person or a person belonging to a prescribed class of persons, record on the register the prescribed particulars of the declaration.\n\n(8) Without limiting subsection (7), if a declaration relates to land under the operation of the **Transfer of Land Act 1958**, a caveat may be lodged under section 89 of that Act by any person mentioned in that section in relation to that order.\n\n(9) For the purposes of subsection (8) and without limiting that subsection—\n\n(a) the applicant for the declaration; or\n\n(b) if under section 71 a court directed a person to take control of the property, that person—\n\nis deemed to be a person mentioned in section 89 of the **Transfer of Land Act 1958**.\n\n","sortOrder":170},{"sectionNumber":"73","sectionType":"section","heading":"Disposal of property obtained to satisfy pecuniary penalty order","content":"\t73 Disposal of property obtained to satisfy pecuniary penalty order\n\nS. 73(1) amended by No. 43/1998  \ns. 36(y).\n\n(1) If property that is not money is obtained by the Minister under a pecuniary penalty order then, subject to subsection (2) and to any direction under subsection (4), the Minister or a prescribed person authorised by the Minister for the purposes of this subsection must, as soon as practicable after the property vests in the Minister, sell or otherwise dispose of the property.\n\nS. 73(2) amended by No. 43/1998  \ns. 36(y).\n\n(2) Except with the leave of the court which made the pecuniary penalty order, the Minister must not—\n\n(a) dispose of, or otherwise deal with, the property; or\n\n(b) authorise any other person or body to dispose of, or otherwise deal with, the property—\n\nbefore the end of the appeal period.\n\n(3) For the purposes of subsection (2), the appeal period ends when an appeal may no longer be lodged against either the pecuniary penalty order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined.\n\nS. 73(4) amended by No. 43/1998  \ns. 39(e).\n\n(4) If property is obtained under a pecuniary penalty order, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may, before the property is dealt with under subsection (1), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.\n\n(5) Without limiting subsection (4), the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.\n\nS. 73(6) amended by No. 43/1998  \ns. 36(y)(z).\n\n(6) If property is obtained by the Minister under a pecuniary penalty order, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may give all directions that are necessary or convenient to realise the Minister's interest in the property.\n\nS. 73A inserted by No. 44/2022 s. 35.\n\n","sortOrder":171},{"sectionNumber":"73A","sectionType":"section","heading":"Notice of intention to sell charged land","content":"\t73A Notice of intention to sell charged land\n\n(1) If a charge on land registered under section 72(5) has been recorded for at least 28 days, the Minister may serve a notice of intention to sell the land on all persons recorded in the Register kept under the **Transfer of Land Act 1958** as having an interest in the land.\n\n(a) be in writing and contain the prescribed particulars; and\n\n(b) be served on each person.\n\nS. 73B inserted by No. 44/2022 s. 35.\n\n","sortOrder":172},{"sectionNumber":"73B","sectionType":"section","heading":"Power of sale","content":"\t73B Power of sale\n\n(1) The Minister may apply to the Supreme Court for an order for the sale of land charged under section 72 if—\n\n(a) a notice of intention to sell charged land has been served on a person in accordance with section 73A; and\n\n(b) at least 14 days have passed since that service; and\n\n(c) any appeal period has expired or any application for an order under section 20, 36U or 40R is finally determined, whichever is later.\n\n(2) The Supreme Court may make an order for the sale of the charged land by the Minister if satisfied that it is appropriate to do so.\n\n(3) Without limiting the Supreme Court's power under subsection (2), the Supreme Court may—\n\n(a) order the production of a certificate of title or any other document required by the Registrar of Titles; and\n\n(b) make any additional orders that it considers appropriate in the circumstances—\n\n(i) in relation to the interest in the land of any person; and\n\n(ii) for giving effect to the order; and\n\n(iii) for ensuring an effective commercial sale process.\n\nS. 73C inserted by No. 44/2022 s. 35.\n\n","sortOrder":173},{"sectionNumber":"73C","sectionType":"section","heading":"Sale to be treated as sale by mortgagee","content":"\t73C Sale to be treated as sale by mortgagee\n\nSection 77 of the **Transfer of Land Act 1958** applies to a sale pursuant to an order under section 73B as if—\n\n(a) the charge were a registered mortgage; and\n\n(b) the Minister were a mortgagee under that mortgage; and\n\n(c) the requirement in that section relating to the giving of notice were deleted.\n\nS. 73D inserted by No. 44/2022 s. 35.\n\n","sortOrder":174},{"sectionNumber":"73D","sectionType":"section","heading":"Powers of Registrar of Titles","content":"\t73D Powers of Registrar of Titles\n\nThe Registrar of Titles may make any recording in the Register kept under the **Transfer of Land Act 1958** that is necessary because of the operation of this Part.\n\n","sortOrder":175},{"sectionNumber":"74","sectionType":"section","heading":"Pecuniary penalty order debt due to Crown","content":"\t74 Pecuniary penalty order debt due to Crown\n\n(1) An amount payable by a person to the State under a pecuniary penalty order is, for all purposes, to be taken to be a civil debt due by the person to the Crown.\n\nS. 74(2) amended by Nos 68/2009 s. 97(Sch. item 23.57), 68/2010 s. 23.\n\n(2) A pecuniary penalty order made by a court must be taken to be a judgment debt and may be enforced as if it were an order made by it in civil proceedings instituted by the Crown against the accused to recover a debt due by the accused to the Crown.\n\n","sortOrder":176},{"sectionNumber":"Part 9","sectionType":"part","heading":"Powers of trustee","content":"Part 9—Powers of trustee\n\n","sortOrder":177},{"sectionNumber":"75","sectionType":"section","heading":"Liability under forfeiture or pecuniary penalty order to be satisfied by trustee","content":"\t75 Liability under forfeiture or pecuniary penalty order to be satisfied by trustee\n\nS. 75(1) amended by Nos 68/2010 s. 54, 79/2014 s. 25(1).\n\n(1) Any money realised by the trustee out of the disposal of, or otherwise in connection with, property which the trustee was directed to take control of by a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order must be applied by the trustee towards the following in the order in which they are set out—\n\n(a) any fees, commissions and disbursements payable to the trustee under section 76(1);\n\n(b) any conversion costs incurred by the trustee in connection with that property—\n\nand the trustee must pay any money left over to the Minister for payment into the Consolidated Fund.\n\nS. 75(2) amended by Nos 55/2014 s. 37, 79/2014 s. 25(2).\n\n(2) If the trustee pays any money in satisfaction of the liability of a person under a forfeiture order, civil forfeiture order or pecuniary penalty order or under automatic forfeiture under section 35 or 36GA or unexplained wealth forfeiture, the liability of that person under the order or the automatic forfeiture or the unexplained wealth forfeiture is, to the extent of the payment, discharged.\n\nS. 75(3) inserted by No. 55/2014 s. 58.\n\n(3) If a court, when making a restraining order or a civil forfeiture restraining order, directs a person holding a prescribed position referred to in section 14(3) or 36H(3) (as the case may be) to take control of property, a reference in subsections (1) and (2) to the trustee is to be read as a reference to the person holding the prescribed position.\n\n","sortOrder":178},{"sectionNumber":"76","sectionType":"section","heading":"Provisions concerning the trustee","content":"\t76 Provisions concerning the trustee\n\nS. 76(1) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(1) A trustee is entitled to receive such fees, commissions and disbursements as may be approved by the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, on an application under this subsection in respect of the exercise of powers or the performance of duties in relation to property of which the trustee has taken control under a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order.\n\nS. 76(2) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(2) If a trustee is directed by a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order to take control of property, the trustee may do anything that is reasonably necessary for the purpose of preserving the property including, but not limited to—\n\n(a) becoming a party to any civil proceedings affecting the property;\n\n(b) making sure that the property is insured;\n\n(c) if the property consists, wholly or partly, of securities or investments—realising or otherwise dealing with the securities or investments;\n\n(d) if the property consists, wholly or partly, of a business—\n\n(i) employing, or terminating the employment of, persons in the business;\n\n(ii) doing any other thing that is necessary or convenient for carrying on the business on a sound commercial basis;\n\n(e) if the property consists, wholly or partly, of shares in a company—exercising (to the exclusion of the registered holder) the rights attaching to the shares as if the trustee were the registered holder.\n\nS. 76(3) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(3) A person must not hinder or obstruct the trustee in the exercise of powers or the performance of duties by the trustee in relation to property of which the trustee has taken control under a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order.\n\n(4) A certificate under the hand or seal of a trustee—\n\nS. 76(4)(a) amended by Nos 68/2010 s. 55(a)(b), 79/2014 s. 26.\n\n(a) certifying that a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made directing the trustee to take control of property and that the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order is in force; and\n\nS. 76(4)(b) amended by Nos 68/2010 s. 55(b), 79/2014 s. 26(b).\n\n(b) stating the terms of the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order—\n\nis for all purposes evidence and, until the contrary is proved, conclusive evidence of the facts so certified and stated.\n\n(5) A trustee is only personally liable for any rates, land tax or municipal or other statutory charges which—\n\nS. 76(5)(a) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(a) are imposed by or under a law of Victoria on or in respect of property of which the trustee has taken control under a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order; and\n\nS. 76(5)(b) amended by Nos 68/2010 s. 55(b), 79/2014 s. 26(b).\n\n(b) fall due on or after the date of the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order—\n\nto the extent of the rents and profits received by the trustee in respect of that property on or after that date.\n\nS. 76(6) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(6) If a trustee, having taken control under a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order of a business carried on by a person, carries on that business, the trustee is not personally liable for—\n\n(a) any payment in respect of long service leave for which that person was liable; or\n\nS. 76(6)(b) amended by Nos 68/2010 s. 55(b), 79/2014 s. 26(b).\n\n(b) any payment in respect of long service leave to which a person employed by the trustee to manage the business, or the legal personal representative of such a person, becomes entitled after the date of the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order.\n\nS. 76(7) amended by Nos 68/2010 s. 55(a), 79/2014 s. 26(a).\n\n(7) With the permission of the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, a trustee may appoint a person as agent to exercise all or any of the powers or perform all or any of the duties conferred or imposed on the trustee by this Act in relation to property of which the trustee has taken control under a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order.\n\nS. 76(8) inserted by Nos 55/2014 s. 59, 79/2014 s. 26(a).\n\n(8) If a court, when making a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order, directs a person holding a prescribed position referred to in section 14(3) or 36H(3) (as the case may be) to take control of property, a reference in subsections (2) to (7) to the trustee is to be read as a reference to the person holding the prescribed position.\n\n","sortOrder":179},{"sectionNumber":"Part 10","sectionType":"part","heading":"Disposal orders","content":"Part 10—Disposal orders\n\n","sortOrder":180},{"sectionNumber":"77","sectionType":"section","heading":"Application for disposal order","content":"\t77 Application for disposal order\n\nS. 77 amended by No. 87/2004 s. 22(2)(b).\n\n(1) If a person has been convicted of a Schedule 1 offence, the DPP or an appropriate officer may, without notice, subject to subsection (2), apply to the Magistrates' Court or the court before which the person was convicted of the offence for a disposal order in respect of—\n\nS. 77(1)(a) amended by No. 40/2017 s. 24(1)(a).\n\n(a) a drug of dependence, a psychoactive substance or a poison or controlled substance within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or\n\nS. 77(1)(b) substituted by No. 40/2017 s. 24(1)(b).\n\n(b) an instrument, device or substance that is or has been used or is capable of being used for or in—\n\n(i) the cultivation, manufacture, sale or use or in the preparation for cultivation, manufacture, sale or use of a drug of dependence within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or\n\n(ii) the production, sale, commercial supply or preparation for sale or commercial supply of a psychoactive substance within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or\n\n(c) an explosive substance within the meaning of Division 8 of Part I of the  **Crimes Act 1958**; or\n\nS. 77(1)(ca) inserted by No. 27/2016 s. 18, substituted by No. 47/2016 s. 35(3).\n\n(ca) child abuse material as defined in section 51A of the **Crimes Act 1958**; or\n\nS. 77(1)(cb) inserted by No. 47/2016 s. 35(3).\n\n(cb) electronic material as defined in section 51A of the **Crimes Act 1958** that contains child abuse material as defined in that section; or\n\nA disposal order in respect of child abuse material results in the destruction or disposal of the child abuse material. A disposal order in respect of electronic material that contains child abuse material results in the destruction or disposal of the electronic material.\n\nS. 77(1)(cc) inserted by No. 38/2022 s. 25.\n\n(cc) an intimate image as defined in section 53O(1) of the **Crimes Act 1958**; or\n\nS. 77(1)(cd) inserted by No. 38/2022 s. 25.\n\n(cd) electronic material as defined in section 53O(1) of the **Crimes Act 1958** that contains an intimate image as defined in that section; or\n\nA disposal order in respect of an intimate image results in the destruction or disposal of the intimate image. A disposal order in respect of electronic material that contains an intimate image results in the destruction or disposal of the electronic material.\n\nS. 77(1)(d) amended by No. 63/2003 s. 16(a).\n\n(d) any property that is prescribed by the regulations for the purposes of this subsection; or\n\nS. 77(1)(e) inserted by No. 63/2003 s. 16(b).\n\n(e) any other property that—\n\n(i) is of negligible value; or\n\n(ii) is not fit for the use for which it is intended and cannot be readily made fit for that use—\n\nthat was used, or was intended to be used, in, or in connection with, the commission of the offence or was derived or realised, directly or indirectly, by that person or another person, from the commission of the offence.\n\n(2) An application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction.\n\nS. 77(3) inserted by No. 40/2017 s. 24(2).\n\n(3) In this section, ***commercial supply*** has the same meaning as it has in Part VI of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n","sortOrder":181},{"sectionNumber":"78","sectionType":"section","heading":"Disposal orders","content":"\t78 Disposal orders\n\nS. 78(1) amended by No. 63/2003 s. 17(1).\n\n(1) Subject to subsection (1A), if an application is made to a court under section 77(1) for an order in respect of particular property, the court may, if it considers it appropriate, order that the property be forfeited to the State and destroyed or disposed of in such manner as is provided in the order if it is satisfied that the property is property described in that section.\n\nS. 78(1A) inserted by No. 63/2003 s. 17(2).\n\n(1A) If an application under section 77(1) is made in respect of property of the kind described in paragraph (e) of that section, the court must be satisfied as to the following matters before making a disposal order under subsection (1)—\n\n(a) that the property—\n\n(i) is of negligible value; or\n\n(ii) is not fit for the use for which it is intended and cannot be readily made fit for that use; and\n\n(b) if there is any other person who has an interest in the property to which the application relates, that the person is not likely to have any objections to the disposal of the property; and\n\n(c) that there is no other reason not to dispose of the property.\n\nIt may be a reason not to dispose of the property if the property is of sentimental value to a person.\n\n(2) A court has power to give all directions that are necessary to give effect to a disposal order made by it.\n\nS. 78(3) inserted by No. 79/2006 s. 12.\n\n(3) A disposal order made in reliance on a person's conviction of a Schedule 1 offence—\n\n(a) is stayed pending the expiry of the appeal period in relation to the conviction; and\n\nS. 78(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.58).\n\n(b) ceases to have effect if on appeal the conviction is set aside.\n\nPt 10A (Heading and ss 78A, 78B) inserted by No. 63/2003 s. 18.\n\n","sortOrder":182},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Property management","content":"Part 10A—Property management\n\nS. 78A inserted by No. 63/2003 s. 18.\n\n","sortOrder":183},{"sectionNumber":"78A","sectionType":"section","heading":"Memorandum of understanding","content":"\t78A Memorandum of understanding\n\n(1) The Secretary and a law enforcement agency may enter into a memorandum of understanding that provides for the transfer from the law enforcement agency to the Secretary of responsibilities and powers under this Act in relation to the management of property—\n\n(a) seized under this Act; or\n\nS. 78A(1)(b) amended by Nos 68/2010 s. 56, 79/2014 s. 27.\n\n(b) in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made; or\n\n(c) seized under a warrant under—\n\n(i) section 465 of the **Crimes Act 1958**; or\n\n(ii) section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n(2) A memorandum of understanding may—\n\n(a) refer to—\n\n(i) specified property; or\n\n(ii) a specified class of property; or\n\n(iii) a specified person who has an interest in property or against whom an order or declaration is made under this Act; and\n\n(b) contain such terms as are agreed to by the Secretary and the law enforcement agency.\n\nS. 78B inserted by No. 63/2003 s. 18.\n\n","sortOrder":184},{"sectionNumber":"78B","sectionType":"section","heading":"Certificate of responsibility and power","content":"\t78B Certificate of responsibility and power\n\n(1) The Secretary may issue a certificate that states that the Secretary has responsibility for, and power in relation to, specified property by virtue of a specified memorandum of understanding entered into under section 78A.\n\n(2) A certificate purporting to be signed by the Secretary and issued under this section—\n\n(a) is admissible in evidence in any proceedings; and\n\n(b) in the absence of evidence to the contrary, is conclusive evidence of the matters stated in it.\n\n(3) A certificate under this section must be in the prescribed form.\n\n","sortOrder":185},{"sectionNumber":"Part 11","sectionType":"part","heading":"Search warrants","content":"Part 11—Search warrants\n\n","sortOrder":186},{"sectionNumber":"79","sectionType":"section","heading":"Search warrants","content":"\t79 Search warrants\n\nS. 79(1) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(1) A police officer may apply to a magistrate or to a judge of the Supreme Court or County Court for a search warrant to be issued under this Part in respect of any premises.\n\nS. 79(2) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(2) A magistrate or judge to whom an application is made under subsection (1) may, if satisfied that there are reasonable grounds for believing that there is, or may be within the next 72 hours, any tainted property or any property forfeited under this Act in or on the premises, issue a search warrant authorising any police officer to break and enter the premises and do either or both of the following—\n\n(a) search the premises for the tainted property or the forfeited property;\n\n(b) search any person found in or on the premises in accordance with section 94.\n\nS. 79(3) amended by No. 87/2004 s. 22(2)(c).\n\n(3) A warrant may be issued under this Part in reliance on the commission of a Schedule 1 offence even if no person has been charged with that offence if the magistrate or judge is satisfied that it is likely that a person will be so charged within 48 hours.\n\n(4) There must be stated in a warrant—\n\n(c) a description of the kind of property authorised to be seized.\n\n(5) Every warrant issued under subsection (2) must be in the prescribed form.\n\n(6) Nothing in this Part limits any of the provisions of any other Act relating to search warrants.\n\nS. 79A inserted by No. 63/2003 s. 19.\n\n","sortOrder":187},{"sectionNumber":"79A","sectionType":"section","heading":"Seizure warrants—public places","content":"\t79A Seizure warrants—public places\n\nS. 79A(1) amended by No. 37/2014 s. 10(Sch. item 25.8), substituted by No. 44/2022 s. 11.\n\n(1) The following may apply to a magistrate or to a judge of the Supreme Court or County Court for a seizure warrant to be issued under this Part—\n\n(a) in the case of an application in respect of tainted property which is at a public place—a police officer;\n\n(b) in the case of an application in respect of property forfeited under this Act which is at a public place—a police officer or a person who holds a prescribed office or a person belonging to a prescribed class.\n\nS. 79A(2) amended by No. 37/2014 s. 10(Sch. item 25.8).\n\n(2) A magistrate or judge to whom an application is made under subsection (1), if satisfied that there are reasonable grounds for believing that there is, or may be within the next 72 hours, any tainted property at a public place or any property forfeited under this Act at a public place, may issue a seizure warrant authorising any police officer to seize—\n\n(a) the tainted property specified in the warrant from a public place; or\n\n(b) the forfeited property specified in the warrant from a public place.\n\nS. 79A(3) amended by No. 87/2004 s. 22(2)(d).\n\n(3) A seizure warrant may be issued under this Part in reliance on the commission of a Schedule 1 offence even if no person has been charged with that offence if the magistrate or judge is satisfied that it is likely that a person will be so charged within 48 hours.\n\n(4) There must be stated in a seizure warrant—\n\n(c) a description of the property authorised to be seized.\n\n(5) Nothing in a seizure warrant authorises—\n\n(a) the seizure of property other than the property specified in the warrant; or\n\n(b) the arrest of a person; or\n\n(c) the entry of any premises to seize property.\n\n(6) Every seizure warrant issued under subsection (2) must be in the prescribed form.\n\n","sortOrder":188},{"sectionNumber":"80","sectionType":"section","heading":"Application for warrant","content":"\t80 Application for warrant\n\nS. 80(1) amended by No. 63/2003 s. 20(1).\n\n(1) An application for a search warrant or a seizure warrant must be made in writing.\n\nS. 80(2) amended by No. 63/2003 s. 20(1).\n\n(2) A magistrate or judge must not issue a search warrant or a seizure warrant  unless—\n\n(b) the applicant has given the magistrate or judge, either orally or in writing, any further information that he or she requires concerning the grounds on which the warrant is being sought; and\n\n(c) the information given by the applicant is verified before the magistrate or judge on oath or affirmation or by affidavit.\n\nS. 80(3) amended by No. 63/2003 s. 20(1).\n\n(3) A magistrate or judge may administer an oath or affirmation or take an affidavit for the purposes of an application for a search warrant or a seizure warrant.\n\nS. 80A inserted by No. 44/2022 s. 12.\n\n","sortOrder":189},{"sectionNumber":"80A","sectionType":"section","heading":"Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge","content":"\t80A Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge\n\n(1) Subject to subsection (3), a warrant issued under section 79 may authorise a police officer executing the warrant to give a direction under subsection (2) to a specified person.\n\n(2) A police officer may direct a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—\n\n(a) access data held in, or accessible from, a computer or data storage device that—\n\n(i) is on the premises in respect of which the warrant is issued (***warrant premises***); or\n\n(ii) has been seized under the warrant and is at a place other than warrant premises;\n\n(b) copy to another data storage device data held in, or accessible from, a computer or data storage device described in paragraph (a);\n\n(c) convert into documentary form or another form intelligible to a police officer—\n\n(i) data held in, or accessible from, a computer or data storage device described in paragraph (a); or\n\n(ii) data held in a data storage device to which the data was copied as described in paragraph (b);\n\n(d) use data—\n\n(i) that is recorded on a thing that is—\n\n(A) on warrant premises; or\n\n(B) has been seized under the warrant and is at a place other than warrant premises; and\n\n(ii) that enables access to other data held in, or accessible from, a computer or data storage device—\n\nto access the other data.\n\n(3) A warrant may authorise the giving of a direction under subsection (2) if the magistrate or judge issuing the warrant is satisfied that—\n\n(a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer or data storage device described in subsection (2)(a), or recorded on a thing as described in subsection (2)(d), will assist in finding the location of, or means of access to, tainted property or forfeited property; and\n\n(b) the specified person is—\n\n(i) reasonably suspected of having committed the offence in reliance on which the warrant is issued; or\n\n(ii) the owner or lessee of the computer, data storage device or thing; or\n\n(iii) an employee of the owner or lessee of the computer, or data storage device or thing; or\n\n(iv) a person engaged under a contract for services by the owner or lessee of the computer, data storage device or thing; or\n\n(v) a person who uses or has used the computer, data storage device or thing; or\n\n(vi) a person who is or was a system administrator for the computer network of which the computer or data storage device forms or formed a part; and\n\n(c) the specified person has relevant knowledge of—\n\n(i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part or may be accessed; or\n\n(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or\n\n(B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device to access the other data.\n\n(4) A person commits an offence if—\n\n(a) the person has relevant knowledge of—\n\n(i) the computer or data storage device or computer network of which the computer or data storage device forms or formed a part; or\n\n(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or\n\n(B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; and\n\n(b) the person is informed by a police officer—\n\n(i) of the authorisation to give the direction under subsection (2) and of its terms; and\n\n(ii) that it is an offence to fail to comply with the direction; and\n\n(c) the person fails to comply with the direction without reasonable excuse.\n\n(5) A person who commits an offence against subsection (4) is liable to level 7 imprisonment (2 years maximum).\n\n(6) A person is not excused from complying with a direction under subsection (2) on the ground that complying with it may result in information being provided that might incriminate the person.\n\nS. 80B inserted by No. 44/2022 s. 12.\n\n","sortOrder":190},{"sectionNumber":"80B","sectionType":"section","heading":"Power to require assistance from person with certain knowledge","content":"\t80B Power to require assistance from person with certain knowledge\n\n(1) This section applies if a magistrate or a judge has issued a warrant under section 79.\n\n(2) The Magistrates' Court, Supreme Court or County Court (as the case may be), on the application of a police officer, may make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a police officer to do one or more of the things specified in subsection (3).\n\n(3) The things are—\n\n(a) access data held in, or accessible from, a computer or data storage device that—\n\n(i) is on the premises in respect of which the warrant is issued (***warrant premises***); or\n\n(ii) has been seized under the warrant and is at a place other than warrant premises; or\n\n(b) copy to another data storage device data held in, or accessible from, a computer or data storage device described in paragraph (a); or\n\n(c) convert into documentary form or another form intelligible to a police officer—\n\n(i) data held in, or accessible from, a computer or data storage device described in paragraph (a); or\n\n(ii) data held in a data storage device to which the data was copied as described in paragraph (b); or\n\n(d) use data—\n\n(i) that is recorded on a thing that is—\n\n(A) on warrant premises; or\n\n(B) has been seized under the warrant and is at a place other than warrant premises; and\n\n(ii) that enables access to other data held in, or accessible from, a computer or data storage device—\n\nto access the other data.\n\n(4) An application may be made under subsection (2) at the same time as an application is made for the warrant under section 79 or at any time after the issue of the warrant.\n\n(5) The Magistrates' Court, Supreme Court or County Court (as the case may be) may make the order if satisfied that—\n\n(a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer, or data storage device, described in subsection (3)(a) or recorded on a thing described in subsection (3)(d) will assist in finding the location of, or means of access to, tainted property or forfeited property; and\n\n(b) the specified person is—\n\n(i) reasonably suspected of having committed the offence in reliance on which the warrant was issued; or\n\n(ii) the owner or lessee of the computer, data storage device or thing; or\n\n(iii) an employee of the owner or lessee of the computer, data storage device or thing; or\n\n(iv) a person engaged under a contract for services by the owner or lessee of the computer, data storage device or thing; or\n\n(v) a person who uses or has used the computer, data storage device or thing; or\n\n(vi) a person who is or was a system administrator for the computer network of which the computer or data storage device forms or formed a part; and\n\n(c) the specified person has relevant knowledge of—\n\n(i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or\n\n(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or\n\n(B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device.\n\n(6) A person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person.\n\n(a) the computer, data storage device or thing that is the subject of the order is seized under the warrant; and\n\n(b) the order was granted on the basis of an application made before the seizure—\n\nthe order does not have effect on or after the completion of the execution of the warrant.\n\nAn application for another order under this section relating to the computer, data storage device or thing may be made after the completion of the execution of the warrant.\n\n(8) If the computer, data storage device or thing is not on warrant premises, the order must—\n\n(a) specify the period within which the person must provide the information or assistance; and\n\n(b) specify the place at which the person must provide the information or assistance; and\n\n(c) specify the conditions (if any) to which the requirement to provide the information or assistance is subject.\n\n(9) This section applies in addition to section 80A, whether or not in relation to the same specified person. However, a person may be charged with an offence against either section 80A(4) or 80C(1) but not both.\n\n(10) A magistrate or judge may administer an oath or affirmation or take an affidavit for the purposes of an application under this section.\n\nS. 80C inserted by No. 44/2022 s. 12.\n\n","sortOrder":191},{"sectionNumber":"80C","sectionType":"section","heading":"Offence to fail to comply with order requiring assistance","content":"\t80C Offence to fail to comply with order requiring assistance\n\n(1) A person commits an offence if—\n\n(a) the person has relevant knowledge of—\n\n(i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or\n\n(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or\n\n(B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; and\n\n(b) the person is informed by a police officer—\n\n(i) of the order made under section 80B and of its terms; and\n\n(ii) that it is an indictable offence punishable by imprisonment to fail to comply with the order; and\n\n(c) the person fails to comply with the order without reasonable excuse.\n\n(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).\n\nS. 81 (Heading) inserted by No. 63/2003 s. 20(2).\n\n","sortOrder":192},{"sectionNumber":"81","sectionType":"section","heading":"Warrant may be granted by telephone","content":"\t81 Warrant may be granted by telephone\n\nS. 81(1) amended by Nos 63/2003 s. 20(3)(a), 37/2014 s. 10(Sch. item 25.9(a)), 44/2022 s. 29(1).\n\n(1) If, by reason of circumstances of urgency, an applicant for a warrant under section 79 or 79A considers it necessary to do so, the applicant may apply for a search warrant under section 79 or a seizure warrant under section 79A to a magistrate or judge, by telephone, in accordance with this section.\n\nS. 81(2) amended by Nos 37/2014 s. 10(Sch. item 25.9(b)), 6/2018 s. 68(Sch. 2 item 26.5), 44/2022 s. 29(2).\n\n(2) Before making the application, the applicant must prepare an affidavit setting out the grounds on which the warrant is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.\n\nS. 81(3) amended by Nos 37/2014 s. 10(Sch. item 25.9(b)), 6/2018 s. 68(Sch. 2 item 26.6), 33/2018 s. 82(a), 44/2022 s. 29(2).\n\n(3) If transmission by facsimile machine or other electronic communication is available, the applicant must transmit a copy of the affidavit, even if the affidavit is not sworn or affirmed, to the magistrate or judge who is to hear the application by telephone.\n\nS. 81(4) amended by Nos 63/2003 s. 20(3)(b), 26/2024 s. 37.\n\n(4) If—\n\n(a) after having considered the terms of the affidavit; and\n\n(b) after having received any further information that the magistrate or judge requires concerning the grounds on which the warrant is being sought—\n\nthe magistrate or judge is satisfied as required by section 79(2) or section 79A(2) (as the case requires), the magistrate or judge may issue a search warrant or a seizure warrant.\n\nS. 81(5) amended by No. 63/2003 s. 20(3)(c).\n\n(5) If a magistrate or judge issues a search warrant or a seizure warrant on an application made by telephone, he or she must—\n\n(a) inform the applicant of the terms of the warrant and the date on which and the time at which it was issued, and record on the warrant the reasons for issuing the warrant; and\n\nS. 81(5)(b) amended by No. 33/2018 s. 82(b).\n\n(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.\n\nS. 81(6) amended by Nos 63/2003 s. 20(3)(d)(i), 33/2018 s. 82(c).\n\n(6) If a copy of the search warrant or the seizure warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—\n\nS. 81(6)(a) amended by No. 63/2003 s. 20(3)(d)(ii).\n\n(a) complete a form of search warrant or a seizure warrant (as the case requires) in the terms furnished to the applicant by the magistrate or judge and must write on it the name of the magistrate or judge and the date on which and the time at which the warrant was issued; and\n\nS. 81(6)(b) amended by No. 63/2003 s. 20(3)(d)(iii).\n\n(b) not later than the day following the date of the execution of the search warrant or the seizure warrant (as the case requires) or the expiry of the warrant, whichever is earlier, send the form of warrant completed by the applicant to the magistrate or judge who issued the warrant.\n\nS. 81(7) amended by Nos 63/2003 s. 20(3)(e), 6/2018 s. 68(Sch. 2 item 26.7).\n\n(7) If an application is made by telephone, whether or not a search warrant or a seizure warrant is issued, the applicant must, not later than the day following the making of the application, send the original affidavit duly sworn or affirmed to the magistrate or judge who heard the application.\n\n(8) In any proceeding, if it is material for a court to be satisfied that an entry, search or seizure was authorised in accordance with this section, and the warrant signed by a magistrate or judge in accordance with this section authorising the entry, search or seizure is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search or seizure was not authorised by such a warrant.\n\n","sortOrder":193},{"sectionNumber":"82","sectionType":"section","heading":"Record of proceedings for warrant","content":"\t82 Record of proceedings for warrant\n\nS. 82(1) amended by No. 63/2003 s. 20(4).\n\n(1) A magistrate or judge who issues a search warrant or a seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant.\n\n(2) The magistrate or judge may decline to record any matter that might disclose the identity of a person if the magistrate or judge believes on reasonable grounds that to do so might jeopardise the safety of any person.\n\n","sortOrder":194},{"sectionNumber":"83","sectionType":"section","heading":"Notice to occupier of premises entered under search warrant","content":"\t83 Notice to occupier of premises entered under search warrant\n\n(1) A magistrate or judge must prepare and give an occupier's notice to the person to whom the magistrate or judge issues a search warrant.\n\n(2) An occupier's notice—\n\n(a) must specify—\n\n(i) the name of the person who applied for the warrant; and\n\n(ii) the name of the magistrate or judge who issued the warrant; and\n\n(iii) the date and the time when the warrant was issued; and\n\n(iv) the address or other description of the premises which are the subject of the warrant; and\n\n(b) must contain a summary of the nature of the warrant and the powers conferred by the warrant.\n\nS. 83(3) amended by No. 37/2014 s. 10(Sch. item 25.10).\n\n(3) A police officer executing a search warrant must—\n\n(a) on entry into or onto the premises or as soon as practicable thereafter, serve the occupier's notice on a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 or more; or\n\n(b) if no such person is then present in or on the premises, serve the occupier's notice on the occupier of, or person in charge of, the premises, either personally or in such other manner as the magistrate or judge who issued the warrant may direct, as soon as practicable after executing the warrant.\n\n(4) Service of an occupier's notice under subsection (3)(b) may be postponed by the magistrate or judge who issued the search warrant if he or she is satisfied that there are reasonable grounds for the postponement.\n\n(5) Service of an occupier's notice under subsection (3)(b) may be postponed on more than one occasion, but must not be postponed on any one occasion for a period exceeding 6 months.\n\nS. 84 (Heading) inserted by No. 63/2003 s. 20(5).\n\n","sortOrder":195},{"sectionNumber":"84","sectionType":"section","heading":"Duty to show search warrant","content":"\t84 Duty to show search warrant\n\nS. 84 amended by No. 37/2014 s. 10(Sch. item 25.10).\n\nA police officer executing a search warrant must produce the warrant for inspection by an occupier of, or a person who is in charge of, the premises if requested to do so.\n\nS. 84A inserted by No. 63/2003 s. 21, amended by No. 37/2014 s. 10(Sch. item 25.10).\n\n","sortOrder":196},{"sectionNumber":"84A","sectionType":"section","heading":"Duty to show seizure warrant","content":"\t84A Duty to show seizure warrant\n\nA police officer executing a seizure warrant must produce the warrant for inspection by any person present during the execution of the seizure warrant, if that person—\n\n(a) has an interest in the property being seized; or\n\n(b) is in charge of the property being seized.\n\n","sortOrder":197},{"sectionNumber":"85","sectionType":"section","heading":"Use of force","content":"\t85 Use of force\n\nA person authorised to search premises under a search warrant may, if it is reasonably necessary to do so, break open any receptacle in or on the premises for the purposes of that search.\n\nS. 86 amended by Nos 63/2003 s. 22(1), 37/2014 s. 10(Sch. item 25.11).\n\n","sortOrder":198},{"sectionNumber":"86","sectionType":"section","heading":"Use of assistants to execute warrant","content":"\t86 Use of assistants to execute warrant\n\nA police officer may execute a search warrant or a seizure warrant with the aid of any assistants that the police officer considers necessary.\n\n","sortOrder":199},{"sectionNumber":"87","sectionType":"section","heading":"Application of Magistrates' Court Act 1989","content":"\t87 Application of Magistrates' Court Act 1989\n\nExcept to the extent that a contrary intention appears in this Part, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this Part.\n\nS. 88 amended by Nos 63/2003 s. 22(2), 44/2022 s. 13(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":200},{"sectionNumber":"88","sectionType":"section","heading":"Expiry of warrant","content":"\t88 Expiry of warrant\n\n(1) A search warrant or a seizure warrant (other than a seizure warrant referred to in subsection (2)) ceases to have effect—\n\nS. 88(2) inserted by No. 44/2022 s. 13(2).\n\n(2) A seizure warrant authorising a police officer to seize forfeited property specified in the warrant from a public place ceases to have effect—\n\n(a) at the end of the period of 6 months after its issue; or\n\nwhichever occur first.\n\nS. 88A inserted by No. 63/2003 s. 23.\n\n","sortOrder":201},{"sectionNumber":"88A","sectionType":"section","heading":"Notice of execution of seizure warrant","content":"\t88A Notice of execution of seizure warrant\n\n(1) The applicant for a seizure warrant must give notice of the execution of that warrant to all persons known to have an interest in the property seized under the warrant.\n\n(2) A notice under subsection (1) must be—\n\n(a) given as soon as practicable, but not more than 7 days after the execution of the seizure warrant; and\n\n(b) in the prescribed form.\n\n","sortOrder":202},{"sectionNumber":"89","sectionType":"section","heading":"Report on execution of warrant etc.","content":"\t89 Report on execution of warrant etc.\n\nS. 89(1) amended by No. 63/2003 s. 24(1).\n\n(1) The person to whom a search warrant or a seizure warrant is issued must give a report in writing to the magistrate or judge who issued the warrant—\n\n(b) if the warrant was executed—setting out briefly the result of the execution of the warrant (including a brief description of anything seized); and\n\n(c) if the warrant was not executed—setting out briefly the reasons why the warrant was not executed; and\n\nS. 89(1)(d) amended by No. 63/2003 s. 24(2).\n\n(d) in the case of a search warrant, stating whether or not an occupier's notice has been served in connection with the execution of the warrant; and\n\nS. 89(1)(da) inserted by No. 63/2003 s. 24(3).\n\n(da) in the case of a seizure warrant, stating whether or not a notice of the execution of a seizure warrant has been given in accordance with section 88A; and\n\nS. 89(1)(e) amended by No. 63/2003 s. 24(4).\n\n(e) stating whether or not an embargo notice has been issued under section 93 in connection with the execution of the search warrant and describing briefly the property subject to the notice.\n\n(2) A report must be made within 10 days after the expiry of the warrant.\n\n(3) A person may apply to the magistrate or judge to whom a report has been given under subsection (1) for an order authorising the person to inspect the report if the person satisfies the magistrate or judge that he or she is—\n\n(b) a person who has an interest in property seized in the execution of the warrant; or\n\n(c) a person who has an interest in property subject to an embargo notice issued under section 93 in connection with the execution of the warrant.\n\nS. 90 amended by No. 63/2003 s. 24(5)(a).\n\n","sortOrder":203},{"sectionNumber":"90","sectionType":"section","heading":"Absence etc. of magistrate or judge who issued warrant","content":"\t90 Absence etc. of magistrate or judge who issued warrant\n\nIf the magistrate or judge who issued a search warrant or a seizure warrant has ceased to hold office or is absent—\n\n(a) a report required to be given to him or her under section 89; or\n\nS. 90(b) amended by No. 63/2003 s. 24(5)(b).\n\n(b) in the case of a search warrant, a power exercisable by him or her under section 83(3)(b) or (4)—\n\nmust be given to, or may be exercised by, as the case requires, any other magistrate or judge.\n\nS. 91 amended by No. 63/2003 s. 24(6).\n\n","sortOrder":204},{"sectionNumber":"91","sectionType":"section","heading":"Defects in warrants","content":"\t91 Defects in warrants\n\nA search warrant or a seizure warrant  is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular.\n\n","sortOrder":205},{"sectionNumber":"92","sectionType":"section","heading":"Seizure of property under search warrant","content":"\t92 Seizure of property under search warrant\n\nS. 92(1) amended by No. 37/2014 s. 10(Sch. item 25.12(a)).\n\n(1) A police officer executing a search warrant may seize property of the kind described in the warrant.\n\nS. 92(2) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)).\n\n(2) A police officer executing a search warrant may also seize property which is not of the kind described in the warrant if—\n\nS. 92(2)(a) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)).\n\n(a) the police officer believes on reasonable grounds that the property—\n\n(i) is of a kind which could have been included in a search warrant issued under this Part; or\n\nS. 92(2)(a)(ii) amended by No. 87/2004 s. 22(2)(e).\n\n(ii) will afford evidence about the commission of another Schedule 1 offence; and\n\nS. 92(2)(b) amended by Nos 87/2004 s. 22(2)(e), 37/2014 s. 10(Sch. item 25.12(b)(ii)).\n\n(b) the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.\n\n(3) The power conferred by this section to seize property includes power—\n\n(a) to remove the property from the premises where it is found; and\n\n(b) to guard the property in or on those premises; and\n\n(c) to make copies of the whole or any part of the property; and\n\n(d) to issue an embargo notice under section 93 in respect of the property.\n\nS. 92A inserted by No. 44/2022 s. 14.\n\n","sortOrder":206},{"sectionNumber":"92A","sectionType":"section","heading":"Seizure of digital asset under search warrant","content":"\t92A Seizure of digital asset under search warrant\n\n(1) This section applies if a police officer executing a search warrant is authorised by that warrant or section 92 to—\n\n(a) seize property which includes a digital asset; or\n\n(b) seize the means of accessing or gaining control of a digital asset.\n\n(2) The police officer may do one or more of the following things for the purpose of securing and seizing the digital asset—\n\n(a) access a computer or data storage device storing the asset or data related to the asset;\n\n(b) interfere with a computer or data storage device storing the asset or data related to the asset;\n\n(c) alter or transfer the asset or data related to the asset;\n\n(d) change or transfer, or perform any other transaction in relation to, the asset or data related to the asset, that may be required to gain exclusive control of the asset.\n\n(3) The police officer may do a thing referred to in subsection (2) using a computer or data storage device whether or not the computer or data storage device—\n\n(a) was seized under the warrant; or\n\n(b) is located at the address specified in the search warrant.\n\n","sortOrder":207},{"sectionNumber":"93","sectionType":"section","heading":"Embargo notice","content":"\t93 Embargo notice\n\n(1) In this section, ***property*** does not include real property.\n\nS. 93(2) amended by No. 37/2014 s. 10(Sch. item 25.13).\n\n(2) A police officer executing a search warrant who is authorised by that warrant or section 92 to seize property may, if the property cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—\n\n(a) by causing a copy of the notice to be served on the person in possession of the property; or\n\n(b) if that person cannot be located after all reasonable steps have been taken to do so, by affixing the copy to the property in a prominent position.\n\nS. 93(3) amended by No. 43/1998  \n\n(3) A person who knows that an embargo notice relates to property and who—\n\nS. 93(3)(a) inserted by No. 43/1998  \n\n(a) sells; or\n\nS. 93(3)(b) inserted by No. 43/1998  \n\n(b) leases; or\n\nS. 93(3)(c) inserted by No. 43/1998  \ns. 26(1), amended by No. 37/2014 s. 10(Sch. item 25.13).\n\n(c) without the written consent of the police officer who issued the embargo notice, moves; or\n\nS. 93(3)(d) inserted by No. 43/1998  \n\n(d) transfers; or\n\nS. 93(3)(e) inserted by No. 43/1998  \n\n(e) otherwise deals with—\n\nthe property, or any part of the property, while the embargo notice is in force is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both.\n\nS. 93(4) amended by No. 68/2009 s. 97(Sch. item 23.59).\n\n(4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused moved the property or the part of the property for the purpose of protecting and preserving it.\n\nS. 93(5) amended by No. 43/1998  \ns. 26(2).\n\n(5) Despite anything in any other Act, a sale, lease, transfer or other dealing with property in contravention of this section is void.\n\nS. 93(6) amended by No. 68/2010 s. 57.\n\n(6) If an application for a restraining order or a civil forfeiture restraining order in respect of tainted property to which an embargo notice relates is not made within 21 days after the issue of an embargo notice, the embargo notice ceases to be in force at the end of that period but, if such an application is made, it continues in operation until that application is determined.\n\n","sortOrder":208},{"sectionNumber":"94","sectionType":"section","heading":"Search of persons under search warrant","content":"\t94 Search of persons under search warrant\n\nS. 94(1) amended by No. 37/2014 s. 10(Sch. item 25.14).\n\n(1) A police officer executing a search warrant may, if the search warrant authorises him or her to do so, search any person found in or on the premises whom the police officer suspects on reasonable grounds of having on his or her person property of the kind described in the warrant.\n\n(2) A person must not be searched under this section except by a person of the same sex.\n\nS. 95 amended by No. 63/2003 s. 24(7).\n\n","sortOrder":209},{"sectionNumber":"95","sectionType":"section","heading":"Obstruction or hindrance of person executing search warrant","content":"\t95 Obstruction or hindrance of person executing search warrant\n\nA person must not, without reasonable excuse, obstruct or hinder a person executing a search warrant or a seizure warrant.\n\nS. 95A inserted by No. 63/2003 s. 25.\n\n","sortOrder":210},{"sectionNumber":"95A","sectionType":"section","heading":"Application for property seized under search warrants under other Acts to be held or retained under this Act","content":"\t95A Application for property seized under search warrants under other Acts to be held or retained under this Act\n\nS. 95A(1) amended by No. 37/2014 s. 10(Sch. item 25.15).\n\n(1) A police officer may apply to the Magistrates' Court for a declaration that property seized under a warrant under—\n\n(a) section 465 of the **Crimes Act 1958**; or\n\n(b) section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\nis to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act.\n\n(2) An application under subsection (1) may only be made if—\n\n(a) the property is no longer required for evidentiary purposes under the **Crimes Act 1958** or the **Drugs, Poisons and Controlled Substances Act 1981** (as the case requires); and\n\n(b) no direction has previously been made under section 465(1B) or 465C of the **Crimes Act 1958** or section 81(1A) or 81C of the **Drugs, Poisons and Controlled Substances Act 1981** (as the case requires).\n\n(3) An application may be made within 7 days after the property is no longer required for evidentiary purposes under the **Crimes Act 1958** or the **Drugs, Poisons and Controlled Substances Act 1981** (as the case requires).\n\nS. 95B inserted by No. 63/2003 s. 25.\n\n","sortOrder":211},{"sectionNumber":"95B","sectionType":"section","heading":"What must be in the application?","content":"\t95B What must be in the application?\n\nS. 95B(1) amended by No. 6/2018 s. 68(Sch. 2 item 26.8).\n\n(1) An application under section 95A must be supported by evidence on oath or affirmation or by affidavit of the applicant.\n\n(2) An application under section 95A must specify—\n\n(a) whether the warrant was issued under the **Crimes Act 1958** or the **Drugs, Poisons and Controlled Substances Act 1981**; and\n\n(b) when the warrant was issued; and\n\n(c) the property seized under the warrant which is the subject of the application; and\n\n(d) the grounds on which the applicant believes that the property seized under the warrant is tainted property; and\n\n(e) whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and\n\nS. 95B(2)(f) amended by No. 68/2009 s. 97(Sch. item 23.60).\n\n(f) the offence or offences with which the accused has been charged; and\n\n(g) that the property which is the subject of the application is no longer required for evidentiary purposes under the **Crimes Act 1958** or the **Drugs, Poisons and Controlled Substances Act 1981** (as the case requires).\n\nS. 95C inserted by No. 63/2003 s. 25.\n\n","sortOrder":212},{"sectionNumber":"95C","sectionType":"section","heading":"Court may make declaration","content":"\t95C Court may make declaration\n\n(1) If the Magistrates' Court is satisfied that it is appropriate to do so, the Court may make a declaration that property seized under a warrant under—\n\n(a) section 465 of the **Crimes Act 1958**; or\n\n(b) section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\nis to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act.\n\n(2) A declaration must—\n\n(a) specify the property to which the declaration applies; and\n\n(b) state that the specified property to which the declaration applies is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act.\n\nS. 95D inserted by No. 63/2003 s. 25.\n\n","sortOrder":213},{"sectionNumber":"95D","sectionType":"section","heading":"Notice of declaration","content":"\t95D Notice of declaration\n\n(1) If the Magistrates' Court makes a declaration under section 95C, the applicant for the declaration must give notice that the declaration has been made to all persons known to have an interest in the property to which the declaration applies that the property is being held or retained as if it were tainted property seized under a warrant under section 79 of this Act by virtue of a declaration made under section 95C.\n\n(2) A notice under subsection (1) must be—\n\n(a) given within 7 days after the Magistrates' Court has made the declaration under section 95C; and\n\n(b) in the prescribed form.\n\nS. 95E inserted by No. 63/2003 s. 25.\n\n","sortOrder":214},{"sectionNumber":"95E","sectionType":"section","heading":"Effect of declaration","content":"\t95E Effect of declaration\n\nIf a declaration is made under section 95C, the property to which the declaration applies—\n\n(a) is deemed, on and from the date on which the property is no longer required for evidentiary purposes under the **Crimes Act 1958** or the **Drugs, Poisons and Controlled Substances Act 1981** (as the case requires), to have been seized as tainted property under a warrant under section 79 of this Act; and\n\n(b) is to be dealt with under this Act accordingly.\n\n","sortOrder":215},{"sectionNumber":"96","sectionType":"section","heading":"Disposal of livestock or perishable property","content":"\t96 Disposal of livestock or perishable property\n\n(1) If property seized under a warrant is livestock or property of a perishable nature, a prescribed person authorised by the Minister for the purposes of this section may sell the property at any time after it has been seized without notice to the person from whose possession it was seized or any person who has an interest in the property if in the opinion of the prescribed person it is necessary to sell the property to realise its value.\n\n(2) The prescribed person must give written notice of the sale, in the prescribed manner, to—\n\n(a) the person from whose possession the property was seized; and\n\n(b) any person whom the prescribed person has reason to believe has an interest in the property—\n\nwithin 14 days after that sale.\n\n(3) The proceeds of sale must be paid into the Consolidated Fund.\n\n(4) Section 97 applies to the proceeds of sale as if they were the property seized under the warrant.\n\n","sortOrder":216},{"sectionNumber":"97","sectionType":"section","heading":"Return of seized property","content":"\t97 Return of seized property\n\n(1) If property has been seized under a warrant and—\n\nS. 97(1)(a) amended by No. 87/2004 s. 22(2)(f).\n\n(a) by the end of the period of 7 days after the property was seized, no person has been charged with the Schedule 1 offence in reliance on the commission of which the warrant was issued, and an application for a restraining order or a forfeiture order has not been made in respect of the property; or\n\n(b) a person has been charged with and convicted of such an offence but by the end of the period of 6 months after the date of conviction or the end of the appeal period (if any) an application for a restraining order or a forfeiture order has not been made in respect of the property or such an application has been made but a forfeiture order has not been made or the property has been excluded from the restraining order or the forfeiture order or has been discharged or excluded on appeal under section 142; or\n\nS. 97(1)(c) amended by Nos 87/2004 s. 22(2)(g), 68/2010 s. 58.\n\n(c) a person has been charged with such an offence and acquitted and by the end of the period of 7 days after the acquittal the property is not restrained by a civil forfeiture restraining order in relation to a Schedule 2 offence; or\n\nS. 97(1)(d) amended by Nos 87/2004 s. 22(2)(g), 68/2009 s. 97(Sch. item 23.61), 68/2010 s. 58.\n\n(d) a person has been charged with and convicted of such an offence but the conviction is set aside and a new trial has not been ordered at the time of the setting aside of the conviction and by the end of the period of 7 days after the setting aside of the conviction the property is not restrained by a civil forfeiture restraining order in relation to a Schedule 2 offence—\n\nthen the Chief Commissioner of Police must arrange for the property to be returned to the person from whose possession it was seized or to such other person as the Minister or a prescribed person authorised by the Minister for the purposes of this subsection directs.\n\nS. 97(2)(a) amended by No. 63/2003 s. 26(1).\n\n(a) property has been seized under a search warrant or a seizure warrant; and\n\n(b) an application has been made under this Act to a court for a forfeiture order or civil forfeiture order in respect of the property; and\n\n(c) the court refuses to make the order being sought—\n\nthe court must make an order directing that the property be returned to the person from whose possession it was seized or to such other person as the Minister or a prescribed person authorised by the Minister for the purposes of this subsection directs forthwith or, if the refusal was a refusal to make a civil forfeiture order, at the time and in the circumstances specified in the order if the court considers that an application may yet be made for a forfeiture order.\n\nS. 97(3) amended by No. 63/2003 s. 26(2).\n\n(3) If property has been seized under a search warrant or a seizure warrant other than property seized under a warrant referred to in subsection (11) or sold under section 96, the person from whose possession the property was seized or any other person who claims an interest in the property may apply to the Magistrates' Court for an order—\n\n(a) directing that the property be returned to that person; or\n\n(b) directing that the person be allowed access to the property—\n\nand the Court may, if it considers it appropriate, make such an order on such terms and conditions (if any) as it thinks fit.\n\nS. 97(3A) inserted by No. 63/2003 s. 26(3).\n\n(3A) If property has been seized under a search warrant or a seizure warrant (other than property seized under a warrant referred to in subsection (11) or sold under section 96), a prescribed person may apply to the Magistrates' Court for an order—\n\n(a) directing that the property be returned to—\n\n(i) the person from whose possession the property was seized; or\n\n(ii) any other person who claims an interest in the property; or\n\n(b) directing that access to the property be given to—\n\n(i) the person from whose possession the property was seized; or\n\n(ii) any other person who claims an interest in the property—\n\nand the Court may, if it considers it appropriate, make such an order on such terms and conditions (if any) as it thinks fit.\n\nS. 97(4) amended by No. 63/2003 s. 26(4)(a).\n\n(4) The applicant for an order under subsection (3) or (3A) must give written notice of the application and of the date, time and place fixed for the hearing of it—\n\n(a) to the DPP, to a prescribed person or a person belonging to a prescribed class of persons or to the appropriate officer, as the case requires; and\n\nS. 97(5) amended by No. 63/2003 s. 26(4)(a).\n\n(5) Any person notified under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under subsection (3) or (3A).\n\nS. 97(6) amended by No. 63/2003 s. 26(4)(a).\n\n(6) If the Magistrates' Court makes an order under subsection (3) or (3A), an application for a variation, or the revocation, of the order may at any time be made to the Magistrates' Court by—\n\n(a) the person referred to in subsection (4)(a); or\n\n(b) the person from whose possession the property was seized; or\n\n(c) any other person who claims an interest in the property.\n\n(7) An applicant under subsection (6) must give written notice of the application and of the date, time and place fixed for the hearing of it—\n\n(a) if the person referred to in subsection (4)(a) is the applicant, to the person from whose possession the property was seized and any other person whom the applicant has reason to believe has an interest in the property; and\n\n(b) in any other case, to the person referred to in subsection (4)(a).\n\n(8) Any person notified under subsection (7) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under subsection (9).\n\n(9) On an application under subsection (6) the Magistrates' Court may, if it considers it appropriate—\n\n(a) if the application is for a variation of the order, vary the order on any terms and conditions that it thinks fit; or\n\n(b) if the application is for the revocation of the order, revoke the order on any terms and conditions that it thinks fit.\n\nS. 97(10) amended by No. 63/2003 s. 26(4)(a).\n\n(10) A person must not knowingly contravene an order made under subsection (3) or (3A).\n\nS. 97(11) amended by No. 63/2003 s. 26(4)(b)(i)(ii).\n\n(11) This section (except subsections (3) and (3A)) applies to a search warrant or a seizure warrant issued in reliance on the commission of an interstate offence as if the references in it to a forfeiture order included references to an interstate forfeiture order.\n\nPt 11A (Headings and ss 97A–97W) inserted by No. 63/2003 s. 27.\n\n","sortOrder":217},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Property management warrants","content":"Part 11A—Property management warrants\n\nDivision 1—Search and inspection warrants\n\nS. 97A inserted by No. 63/2003 s. 27.\n\n","sortOrder":218},{"sectionNumber":"97A","sectionType":"section","heading":"Application for search and inspection warrant","content":"\t97A Application for search and inspection warrant\n\n(1) A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and inspection warrant to be issued under this Division in respect of specified property—\n\nS. 97A(1)(a) amended by Nos 68/2010 s. 59(1), 79/2014 s. 28.\n\n(a) that is the subject of a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order; or\n\n(b) to which an embargo notice relates; or\n\n(c) that has been forfeited under this Act—\n\nif the applicant believes on reasonable grounds that—\n\n(d) it is necessary to inspect the property for the purposes of maintaining the property; and\n\n(e) in the case of property other than real property, the property is, or may be within the next 72 hours, in or on specified premises.\n\n(2) An application for a search and inspection warrant must be made in writing.\n\n(3) A magistrate must not issue a search and inspection warrant unless—\n\n(b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and\n\n(c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit.\n\n(4) A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and inspection warrant.\n\nS. 97B inserted by No. 63/2003 s. 27.\n\n","sortOrder":219},{"sectionNumber":"97B","sectionType":"section","heading":"Search and inspection warrant","content":"\t97B Search and inspection warrant\n\n(1) A magistrate to whom an application is made under section 97A, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and inspection warrant to the person or persons named in the warrant to enter the specified premises and search for and inspect the specified property.\n\n(2) A search and inspection warrant issued under subsection (1) may authorise the person or persons named in the warrant—\n\n(a) to enter the premises specified in the warrant; and\n\n(b) to search for and inspect the property specified in the warrant; and\n\n(c) to break open any receptacle in or on the premises specified in the warrant for the purposes of the search and inspection of the property specified in the warrant, if it is reasonably necessary to do so; and\n\n(d) to photograph or record by other means the property specified in the warrant; and\n\n(e) to make an inventory of the property specified in the warrant.\n\n(3) A search and inspection warrant issued under subsection (1) may authorise the sheriff or a person directed by the sheriff to break and enter the premises specified in the warrant.\n\n(4) Nothing in a search and inspection warrant authorises—\n\n(a) the seizure of property; or\n\n(b) the arrest of a person.\n\n(5) There must be stated in a search and inspection warrant—\n\n(b) a description of the property authorised to be inspected; and\n\nS. 97B(5)(c) amended by Nos 68/2010 s. 59(2), 79/2014 s. 29.\n\n(c) whether a restraining order, a civil forfeiture restraining order, an unexplained wealth restraining order or an embargo notice relates to the property or whether the property is forfeited under this Act; and\n\n(d) the address or other description of the premises in respect of which the warrant is issued.\n\n(6) Every search and inspection warrant issued under subsection (1) must be in the prescribed form.\n\nS. 97C inserted by No. 63/2003 s. 27.\n\n","sortOrder":220},{"sectionNumber":"97C","sectionType":"section","heading":"Record of proceedings for search and inspection warrant","content":"\t97C Record of proceedings for search and inspection warrant\n\n(1) A magistrate who issues a search and inspection warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant.\n\n(2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person.\n\nS. 97D inserted by No. 63/2003 s. 27.\n\n","sortOrder":221},{"sectionNumber":"97D","sectionType":"section","heading":"Announcement before entry","content":"\t97D Announcement before entry\n\nOn executing a search and inspection warrant, the person executing the warrant—\n\n(a) must announce that he or she is authorised by the warrant to enter the premises; and\n\n(b) must give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises.\n\nS. 97E inserted by No. 63/2003 s. 27.\n\n","sortOrder":222},{"sectionNumber":"97E","sectionType":"section","heading":"Copy of search and inspection warrant to be given to occupier","content":"\t97E Copy of search and inspection warrant to be given to occupier\n\n(1) A person executing a search and inspection warrant must—\n\n(a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or\n\n(b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant.\n\n(2) If a person executing a search and inspection warrant—\n\n(a) believes that the occupier is not present at the premises and that no other person is present at the premises; or\n\n(b) has given a copy of the warrant to a person at the premises who is not the occupier—\n\nhe or she must give the occupier a copy of the warrant as soon as practicable but not more than 7 days after the warrant is executed.\n\nS. 97F inserted by No. 63/2003 s. 27.\n\n","sortOrder":223},{"sectionNumber":"97F","sectionType":"section","heading":"Use of assistants to execute search and inspection warrant","content":"\t97F Use of assistants to execute search and inspection warrant\n\nA person executing a search and inspection warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued.\n\nS. 97G inserted by No. 63/2003 s. 27.\n\n","sortOrder":224},{"sectionNumber":"97G","sectionType":"section","heading":"Application of Magistrates' Court Act 1989","content":"\t97G Application of Magistrates' Court Act 1989\n\nExcept to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to search and inspection warrants under this Division.\n\nS. 97H inserted by No. 63/2003 s. 27.\n\n","sortOrder":225},{"sectionNumber":"97H","sectionType":"section","heading":"Expiry of search and inspection warrant","content":"\t97H Expiry of search and inspection warrant\n\n(1) A search and inspection warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it.\n\n(2) If subsection (1) does not apply, a search and inspection warrant ceases to have effect—\n\nS. 97H(2)(a) amended by No. 44/2022 s. 63.\n\n(a) at the end of the period of 2 months after its issue; or\n\nS. 97I inserted by No. 63/2003 s. 27.\n\n","sortOrder":226},{"sectionNumber":"97I","sectionType":"section","heading":"Report on execution of warrant etc.","content":"\t97I Report on execution of warrant etc.\n\n(1) The person to whom a search and inspection warrant is issued must give a report to the registrar of the Magistrates' Court—\n\n(b) if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of the property inspected); and\n\n(c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and\n\n(d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises; and\n\n(e) stating whether or not a copy of any inventory made of the property inspected and a notice as required by section 97J were given to any person who has an interest in the property inspected.\n\n(2) A report must be—\n\n(a) in the prescribed form; and\n\n(b) made within 10 days after the expiry of the warrant.\n\n(3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under subsection (1) if the person satisfies the Court that the person is—\n\n(b) a person who has an interest in property inspected in the execution of the warrant.\n\nS. 97J inserted by No. 63/2003 s. 27.\n\n","sortOrder":227},{"sectionNumber":"97J","sectionType":"section","heading":"Copy of inventory to be given","content":"\t97J Copy of inventory to be given\n\n(1) A person who executes a search and inspection warrant must give any person who has an interest in the property inspected—\n\n(a) a copy of any inventory made of the property to which the warrant relates; and\n\n(b) a written notice stating that the person who has an interest in the property may request a copy of any photograph or other record made of the property to which the warrant relates as specified in that notice.\n\n(2) A copy of an inventory and a written notice required to be given under subsection (1) must be given within a reasonable time after the warrant was executed.\n\n(3) If a person requests a copy of any photograph or other record in accordance with subsection (1), the person who executed the search and inspection warrant must give the copy or record to the person who made the request, within 14 days after the request was made.\n\nS. 97K inserted by No. 63/2003 s. 27.\n\n","sortOrder":228},{"sectionNumber":"97K","sectionType":"section","heading":"Defects in search and inspection warrant","content":"\t97K Defects in search and inspection warrant\n\nA search and inspection warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular.\n\nS. 97L inserted by No. 63/2003 s. 27.\n\n","sortOrder":229},{"sectionNumber":"97L","sectionType":"section","heading":"Obstruction or hindrance of person executing search and inspection warrant","content":"\t97L Obstruction or hindrance of person executing search and inspection warrant\n\nA person must not, without reasonable excuse, obstruct or hinder a person executing a search and inspection warrant.\n\nDivision 2—Search and seizure warrants\n\nS. 97M inserted by No. 63/2003 s. 27.\n\n","sortOrder":230},{"sectionNumber":"97M","sectionType":"section","heading":"Application for search and seizure warrant","content":"\t97M Application for search and seizure warrant\n\n(1) A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of specified property that has been forfeited under this Act if the applicant believes on reasonable grounds that the property is, or may be within the next 72 hours, in or on specified premises.\n\n(2) An application for a search and seizure warrant must be made in writing.\n\n(3) A magistrate must not issue a search and seizure warrant unless—\n\n(b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and\n\n(c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit.\n\n(4) A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and seizure warrant.\n\nS. 97N inserted by No. 63/2003 s. 27.\n\n","sortOrder":231},{"sectionNumber":"97N","sectionType":"section","heading":"Search and seizure warrant","content":"\t97N Search and seizure warrant\n\n(1) A magistrate to whom an application is made under section 97M, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified premises and search for and seize the specified property.\n\n(2) A search and seizure warrant issued under subsection (1) may authorise the person or persons named in the warrant—\n\n(a) to enter the premises specified in the warrant; and\n\n(b) to break open any receptacle in or on the premises specified in the warrant for the purposes of the search and seizure of the property specified in the warrant, if it is reasonably necessary to do so; and\n\n(c) to search for and seize the property specified in the warrant.\n\n(3) A search and seizure warrant issued under subsection (1) may authorise the sheriff or a person directed by the sheriff to break and enter the premises specified in the warrant.\n\n(4) Nothing in a search and seizure warrant authorises—\n\n(a) the seizure of any property that is not specified in the warrant; or\n\n(b) the arrest of a person.\n\n(5) There must be stated in a search and seizure warrant—\n\n(b) a description of the property authorised to be seized; and\n\n(c) the address or other description of the premises in respect of which the warrant is issued.\n\n(6) Every search and seizure warrant issued under subsection (1) must be in the prescribed form.\n\nS. 97O inserted by No. 63/2003 s. 27.\n\n","sortOrder":232},{"sectionNumber":"97O","sectionType":"section","heading":"Record of proceedings for search and seizure warrant","content":"\t97O Record of proceedings for search and seizure warrant\n\n(1) A magistrate who issues a search and seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant.\n\n(2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person.\n\nS. 97P inserted by No. 63/2003 s. 27.\n\n","sortOrder":233},{"sectionNumber":"97P","sectionType":"section","heading":"Announcement before entry","content":"\t97P Announcement before entry\n\nOn executing a search and seizure warrant, the person executing the warrant—\n\n(a) must announce that he or she is authorised by the warrant to enter the premises; and\n\n(b) must give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises.\n\nS. 97Q inserted by No. 63/2003 s. 27.\n\n","sortOrder":234},{"sectionNumber":"97Q","sectionType":"section","heading":"Copy of search and seizure warrant to be given to occupier","content":"\t97Q Copy of search and seizure warrant to be given to occupier\n\n(1) A person executing a search and seizure warrant must—\n\n(a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or\n\n(b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant.\n\n(2) If a person executing a search and seizure warrant—\n\n(a) believes that the occupier is not present at the premises and that no other person is present at the premises; or\n\n(b) has given a copy of the warrant to a person at the premises who is not the occupier—\n\nhe or she must give the occupier a copy of the warrant as soon as practicable but not more than 7 days after the warrant is executed.\n\nS. 97R inserted by No. 63/2003 s. 27.\n\n","sortOrder":235},{"sectionNumber":"97R","sectionType":"section","heading":"Use of assistants to execute search and seizure warrant","content":"\t97R Use of assistants to execute search and seizure warrant\n\nA person executing a search and seizure warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued.\n\nS. 97S inserted by No. 63/2003 s. 27.\n\n","sortOrder":236},{"sectionNumber":"97S","sectionType":"section","heading":"Application of Magistrates' Court Act 1989","content":"\t97S Application of Magistrates' Court Act 1989\n\nExcept to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to search and seizure warrants under this Division.\n\nS. 97T inserted by No. 63/2003 s. 27.\n\n","sortOrder":237},{"sectionNumber":"97T","sectionType":"section","heading":"Expiry of search and seizure warrant","content":"\t97T Expiry of search and seizure warrant\n\n(1) A search and seizure warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it.\n\n(2) If subsection (1) does not apply, a search and seizure warrant ceases to have effect—\n\nS. 97T(2)(a) amended by No. 44/2022 s. 64.\n\n(a) at the end of the period of 2 months after its issue; or\n\nS. 97U inserted by No. 63/2003 s. 27.\n\n","sortOrder":238},{"sectionNumber":"97U","sectionType":"section","heading":"Report on execution of search and seizure warrant etc.","content":"\t97U Report on execution of search and seizure warrant etc.\n\n(1) The person to whom a search and seizure warrant is issued must give a report to the registrar of the Magistrates' Court—\n\n(b) if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of the property seized); and\n\n(c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and\n\n(d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises.\n\n(2) A report must be—\n\n(a) in the prescribed form; and\n\n(b) made within 10 days after the expiry of the warrant.\n\n(3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under subsection (1) if the person satisfies the Court that the person is—\n\n(b) a person who has an interest in property seized in the execution of the warrant.\n\nS. 97V inserted by No. 63/2003 s. 27.\n\n","sortOrder":239},{"sectionNumber":"97V","sectionType":"section","heading":"Defects in search and seizure warrant","content":"\t97V Defects in search and seizure warrant\n\nA search and seizure warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular.\n\nS. 97W inserted by No. 63/2003 s. 27.\n\n","sortOrder":240},{"sectionNumber":"97W","sectionType":"section","heading":"Obstruction or hindrance of person executing search and seizure warrant","content":"\t97W Obstruction or hindrance of person executing search and seizure warrant\n\nA person must not, without reasonable excuse, obstruct or hinder a person executing a search and seizure warrant.\n\n","sortOrder":241},{"sectionNumber":"Part 12","sectionType":"part","heading":"Examination orders","content":"Part 12—Examination orders\n\n","sortOrder":242},{"sectionNumber":"98","sectionType":"section","heading":"Order for examination","content":"\t98 Order for examination\n\nS. 98(1) substituted by No. 43/1998  \ns. 27.\n\n(1) In this section, ***relevant person*** means the DPP or a prescribed person or a person belonging to a prescribed class of persons.\n\nS. 98(2) substituted by No. 63/2003 s. 28.\n\n(2) If a court is satisfied that—\n\nS. 98(2)(a) substituted by No. 87/2004 s. 20(1), amended by No. 68/2009 s. 97(Sch. item 23.62(a)), substituted by No. 68/2010 s. 60(a), amended by No. 55/2014 s. 38(1)(a).\n\n(a) an accused has been charged with or convicted of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence or a court has made—\n\n(i) a restraining order against property under section 18 in relation to a Schedule 2 offence; or\n\nS. 98(2)(a)(ia) inserted by No. 55/2014 s. 38(1)(b).\n\n(ia) a serious drug offence restraining order against property under section 18; or\n\n(ii) a civil forfeiture restraining order against property in relation to a Schedule 2 offence; and\n\n(b) it is appropriate to make an order under this section—\n\nthe court may, on application by a relevant person, make an order for the examination before the court of any person concerning—\n\nS. 98(2)(c) amended by Nos 87/2004 s. 20(2)(a), 68/2009 s. 97(Sch. item 23.62(b)).\n\n(c) the affairs of the accused or any other person, including the nature and location of—\n\nS. 98(2)(c)(i) amended by Nos 87/2004 s. 20(2)(b), 68/2009 s. 97(Sch. item 23.62(b)).\n\n(i) any property in which the accused or person has or may have an interest; or\n\nS. 98(2)(c)(ii) amended by No. 42/2007 s. 15.\n\n(ii) any property which the applicant for the order believes on reasonable grounds to be tainted property or restrained property; and\n\n(d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property.\n\nS. 98(2A) inserted by No. 63/2003 s. 28, amended by Nos 87/2004 s. 20(3), 68/2009 s. 97(Sch. item 23.62), 55/2014 s. 38(2).\n\n(2A) In determining whether it is appropriate to make an order under subsection (2) in respect of an accused who has been charged with a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the likelihood of the accused being convicted of the offence is not a relevant consideration.\n\nS. 98(2B) inserted by No. 79/2014 s. 30(1).\n\n(2B) If a court is satisfied that an unexplained wealth restraining order has been made against property and that it is appropriate to make an order under this section, the court may, on application by a relevant person, make an order for the examination before the court of any person concerning—\n\n(a) the affairs of any person, including—\n\n(i) any property in which the person or any other person has or may have an interest; or\n\n(ii) any property to which the applicant for the order suspects on reasonable grounds has not been lawfully acquired; and\n\n(b) issues connected with the effective management and maintenance of any property referred to in paragraph (a), including income, expenditure or liabilities in relation to the property.\n\nS. 98(3) amended by No. 79/2014 s. 30(2)(a).\n\n(3) An application for an order under subsection (2) or (2B) may be made by a relevant person to—\n\nS. 98(3)(a) amended by Nos 87/2004 s. 20(4), 68/2009 s. 97(Sch. item 23.62(b)), 68/2010 s. 60(b).\n\n(a) if a restraining order is or has been made in reliance on the charging or conviction of the accused, the court which made the restraining order; or\n\nS. 98(3)(ab) inserted by No. 68/2010 s. 60(c).\n\n(ab) if a civil forfeiture restraining order is or has been made in relation to a Schedule 2 offence, the court which made the civil forfeiture restraining order; or\n\nS. 98(3)(ac) inserted by No. 79/2014 s. 30(2)(b).\n\n(ac) if an unexplained wealth restraining order is or has been made, the court which made the unexplained wealth restraining order; or\n\n(b) in any other case, any court.\n\nS. 98(4) amended by No. 68/2009 s. 97(Sch. item 23.62(b)).\n\n(4) The applicant must give written notice of an application under this section to the accused and any person whom the applicant seeks to examine under the order.\n\nS. 98(5) amended by Nos 87/2004 s. 20(5), 55/2014 s. 38(3).\n\n(5) For the purposes of an application under this section in respect of a Schedule 2 offence or a serious drug offence, it does not matter that the charge has been withdrawn or finally determined.\n\nS. 98A inserted by No. 44/2022 s. 40.\n\n","sortOrder":243},{"sectionNumber":"98A","sectionType":"section","heading":"Examination notice","content":"\t98A Examination notice\n\n(1) Subject to subsection (2), a relevant person may give to a person who is the subject of an order for examination under section 98(2) or (2B) a written notice requiring the person to produce at the examination the information or documents specified in the notice.\n\n(2) An examination notice must—\n\n(b) require the person to produce the information or documents specified in the notice at the examination; and\n\n(c) specify the time and place of the examination; and\n\n(d) specify any other prescribed matters.\n\n***relevant person*** has the same meaning as it has in section 98.\n\n","sortOrder":244},{"sectionNumber":"99","sectionType":"section","heading":"Examination","content":"\t99 Examination\n\nS. 99(1) amended by No. 44/2022 s. 41(1).\n\n(1) In an examination referred to in section 98(2) or (2B), a person may not refuse or fail to answer a question, or refuse or fail to produce any information or document specified in an examination notice, that might tend to incriminate the person.\n\nS. 99(2) amended by No. 44/2022 s. 41(2).\n\n(2) A statement or disclosure made by a person in answer to a question, or producing any information or document specified in an examination notice, put in the course of an examination referred to in section 98(2) or (2B) or produced under an examination notice, is admissible against that person in—\n\n(a) any civil proceeding; or\n\n(b) a proceeding for giving false testimony in the course of the examination; or\n\n(c) any proceeding under this Act—\n\nS. 99(2A) inserted by No. 68/2010 s. 24, amended by No. 44/2022 s. 41(3).\n\n(2A) Any information, document or other thing obtained as a direct or indirect consequence of a person making a statement or disclosure in answer to a question, or producing any information or document specified in an examination notice, put in the course of an examination referred to in section 98(2) or (2B) or produced under an examination notice, is admissible against that person in—\n\n(a) any civil proceeding; or\n\n(b) a proceeding for giving false testimony in the course of the examination; or\n\n(c) any proceeding under this Act—\n\nS. 99(3) amended by No. 44/2022 s. 41(4)(a).\n\n(3) A person who is ordered to attend an examination referred to in section 98(2) or (2B) must not—\n\n(a) without reasonable excuse, fail to attend as required by the order; or\n\n(b) without reasonable excuse, fail to attend from day to day until the conclusion of the examination; or\n\nS. 99(3)(ba) inserted by No. 44/2022 s. 41(4)(b).\n\n(ba) without reasonable excuse, fail to produce any information or document specified in an examination notice; or\n\n(c) refuse or fail to take an oath or make an affirmation for the purpose of the examination; or\n\n(d) refuse or fail to answer a question that the person is directed by the court to answer; or\n\n(e) make a statement in the course of the examination that is false or misleading in a material particular.\n\n","sortOrder":245},{"sectionNumber":"Part 13","sectionType":"part","heading":"Information gathering powers","content":"Part 13—Information gathering powers\n\nDivision 1—Production orders\n\nS. 99A inserted by No. 44/2022 s. 30.\n\n","sortOrder":246},{"sectionNumber":"99A","sectionType":"section","heading":"Definition","content":"\t99A Definition\n\nIn this Division—\n\n(b) a person who holds a prescribed office; or\n\n(c) a person belonging to a prescribed class of investigative officer.\n\nS. 100 (Heading) inserted by No. 79/2014 s. 31, amended by No. 44/2022 s. 42(1).\n\n","sortOrder":247},{"sectionNumber":"100","sectionType":"section","heading":"Application for production order","content":"\t100 Application for production order\n\nS. 100(1) amended by Nos 87/2004 s. 22(2)(h), 55/2014 s. 39.\n\n(1) In this section, ***relevant offence*** means a Schedule 1 offence, a Schedule 2 offence or a serious drug offence.\n\nS. 100(2) amended by Nos 37/2014 s. 10(Sch. item 25.16), 44/2022 s. 42(2).\n\n(2) If a person has been convicted of a relevant offence or an investigative officer believes that a person has committed a relevant offence, the investigative officer may, without notice, apply to a court for a production order against that person or another person.\n\n(3) An application under subsection (2) must be supported by an affidavit of the applicant—\n\n(a) stating, if a person has not been convicted of a relevant offence, that he or she believes that a person has committed a relevant offence; and\n\nS. 100(3)(b) substituted by No. 44/2022 s. 42(3).\n\n(b) stating that he or she believes that the person against whom the order is sought has possession or control of a property-tracking document or property-tracking documents in relation to that relevant offence or relevant to the enforcement of any of the following orders made against the person against whom the order is sought—\n\n(i) pecuniary penalty order; or\n\n(ii) compensation order or restitution order under Part 4 of the **Sentencing Act 1991**; and\n\n(c) setting out the grounds on which the applicant holds those beliefs.\n\nS. 100(3A) inserted by No. 27/2016 s. 19(1).\n\n(3A) An application under subsection (2) may be made in person or by telephone, facsimile or other form of electronic communication.\n\n(4) The court hearing an application under subsection (2) may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought.\n\nS. 100(5) substituted by No. 27/2016 s. 19(2).\n\n(5) An application under subsection (2) must be heard—\n\n(a) out of court; or\n\n(b) in closed court.\n\nS. 100A inserted by No. 79/2014 s. 32.\n\n","sortOrder":248},{"sectionNumber":"100A","sectionType":"section","heading":"Application for production order—unexplained wealth","content":"\t100A Application for production order—unexplained wealth\n\nS. 100A(1) substituted by No. 27/2016 s. 20(1).\n\n(1) A police officer may, without notice, apply for a production order against a person, or anyone else, if—\n\n(a) the person is suspected of having engaged in serious criminal activity; or\n\nS. 100A(1)(b) amended by No. 26/2024 s. 38(1)(a).\n\n(b) the person is suspected of having an interest in property that was not lawfully acquired; or\n\nS. 100A(1)(c) inserted by No. 26/2024 s. 38(1)(b).\n\n(c) the person's wealth is suspected to exceed the person's lawfully acquired wealth.\n\n(2) An application under subsection (1) must be supported by an affidavit of the applicant—\n\nS. 100A(2)(a) substituted by No. 26/2024 s. 38(2).\n\n(a) stating that the person is suspected of—\n\n(i) having engaged in serious criminal activity; or\n\n(ii) having acquired property unlawfully; or\n\n(iii) having wealth that exceeds the person's lawfully acquired wealth; and\n\nS. 100A(2)(b) substituted by No. 26/2024 s. 38(2).\n\n(b) stating that the police officer suspects that the person against whom the order is sought has possession or control of a property‑tracking document or property‑tracking documents in relation to—\n\n(i) the serious criminal activity; or\n\n(ii) the unlawful acquisition of wealth; or\n\n(iii) the person's wealth exceeding the person's lawfully acquired wealth; and\n\n(c) setting out the grounds on which the applicant holds those suspicions.\n\nS. 100A(2A) inserted by No. 27/2016 s. 20(2).\n\n(2A) An application under subsection (1) may be made in person or by telephone, facsimile or other form of electronic communication.\n\n(3) The court hearing an application under subsection (1) may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought.\n\nS. 100A(4) substituted by No. 27/2016 s. 20(3).\n\n(4) An application under subsection (1) must be heard—\n\n(a) out of court; or\n\n(b) in closed court.\n\n","sortOrder":249},{"sectionNumber":"101","sectionType":"section","heading":"Production orders","content":"\t101 Production orders\n\nS. 101(1) amended by Nos 79/2014 s. 33(1), 6/2018 s. 68(Sch. 2 item 26.9).\n\n(1) A court may, on an application under section 100(2) or 100A(1), if it considers that, having regard to the matters contained in the affidavit of the applicant and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, make a production order against the person and, if it is in the public interest to do so, an order under subsection (6).\n\n(2) A production order may require the person against whom it is made—\n\nS. 101(2)(a) amended by Nos 37/2014 s. 10(Sch. item 25.17), 44/2022 s. 31, 26/2024 s. 39.\n\n(a) to produce to an investigative officer at a specified time and place; or\n\nS. 101(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.17), 44/2022 s. 31, 26/2024 s. 39.\n\n(b) to make available to an investigative officer for inspection at a specified time or times—\n\nany property-tracking documents that are in the person's possession or control.\n\nS. 101(3) amended by Nos 79/2014 s. 33(2), 6/2018 s. 68(Sch. 2 item 26.9).\n\n(3) In the case of an application under section 100(2), if the applicant's affidavit—\n\n(a) states that he or she believes that—\n\n(i) the person who was convicted of or is believed to have committed the offence derived a benefit in relation to the offence, having regard to section 67 or 68 (as the case may be); and\n\n(ii) property specified in the application—\n\nthe court may if it considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence.\n\nS. 101(3AA) inserted by No. 44/2022 s. 43.\n\n(3AA) In the case of an application under subsection 100(2), if the applicant's affidavit—\n\n(a) states that the applicant believes that—\n\n(i) property specified in the application—\n\n(ii) the person against whom the order is sought has possession or control of one or more property-tracking documents relevant to any of the following—\n\n(A) the enforcement of a pecuniary penalty order against the person;\n\n(B) the enforcement of a compensation order or restitution order under Part 4 of the **Sentencing Act 1991** against the person; and\n\nthe court may if it considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the matters specified in paragraph (a)(ii).\n\nS. 101(3A) inserted by No. 79/2014 s. 33(3), 6/2018 s. 68(Sch. 2 item 26.9).\n\n(3A) In the case of an application under section 100A(1), if the applicant's affidavit—\n\n(a) states that a person is suspected of having engaged in serious criminal activity; and\n\n(b) states that the applicant believes that property specified in the application—\n\n(i) is subject to the effective control of a person suspected of having engaged in serious criminal activity; or\n\n(ii) was the subject of a gift from that person; and\n\n(c) sets out the grounds on which the applicant holds that belief—\n\nthe court may if it considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the serious criminal activity.\n\n(4) The court must not make a production order of the kind referred to in subsection (2)(a) in respect of any ledgers, day-books, cash-books, account books or other accounting records used in the ordinary business of banking or in respect of any document contained in a public register required to be kept by or under any Act.\n\n(5) When a production order has been made the applicant must give written notice of its making to the person against whom it is made.\n\n(6) If a court makes a production order against a person, it may order that—\n\nS. 101(6)(a) amended by No. 43/1998  \ns. 28(a).\n\n(a) the person must not disclose the existence or contents of the order to any person except a legal practitioner acting for or engaged on behalf of the person against whom the production order is made; and\n\nS. 101(6)(b) amended by No. 43/1998  \ns. 28(b)(i)(ii).\n\n(b) the legal practitioner must not disclose the existence or contents of the order to any person other than the person for whom the legal practitioner is acting or on whose behalf the legal practitioner has been engaged.\n\n","sortOrder":250},{"sectionNumber":"102","sectionType":"section","heading":"Powers under production orders","content":"\t102 Powers under production orders\n\nS. 102(1) amended by Nos 37/2014 s. 10(Sch. item 25.18(a)), 44/2022 s. 32, 26/2024 s. 40(1).\n\n(1) If a document is produced to an investigative officer under a production order, the investigative officer may do any one or more of the following—\n\n(a) inspect the document;\n\n(b) take extracts from the document;\n\n(c) make copies of the document;\n\n(d) retain the document if, and for so long as, retention of the document is reasonably necessary for the purposes of this Act.\n\nS. 102(2) amended by Nos 37/2014 s. 10(Sch. item 25.18(b)), 44/2022 s. 32, 26/2024 s. 40(2).\n\n(2) If a document is made available to an investigative officer for inspection under a production order, the investigative officer may do any one or more of the following—\n\n(a) inspect the document;\n\n(b) take extracts from the document;\n\n(c) make copies of the document.\n\nS. 102(3) amended by Nos 37/2014 s. 10(Sch. item 25.18(c)(i)), 44/2022 s. 32, 26/2024 s. 40(3).\n\n(3) If an investigative officer retains a document under a production order, he or she must, on request by the person against whom the order was made—\n\nS. 102(3)(a) amended by Nos 37/2014 s. 10(Sch. item 25.18(c)(ii)), 44/2022 s. 32.\n\n(a) give the person a copy of the document certified by the investigative officer in writing to be a true copy of the document; and\n\n(b) unless the person has been given a copy of the document under paragraph (a), permit the person to do any one or more of the following—\n\n(i) inspect the document;\n\n(ii) take extracts from the document;\n\n(iii) make copies of the document.\n\n","sortOrder":251},{"sectionNumber":"103","sectionType":"section","heading":"Expiry of production order","content":"\t103 Expiry of production order\n\nA production order ceases to have effect—\n\n","sortOrder":252},{"sectionNumber":"104","sectionType":"section","heading":"Report on execution of production order etc.","content":"\t104 Report on execution of production order etc.\n\n(1) The person to whom a production order is issued must give a report in writing to the magistrate or judge who made the order—\n\n(a) stating whether or not the order was executed; and\n\n(b) if the order was executed—setting out briefly the result of the execution of the order (including a brief description of any document inspected, copied or retained or from which an extract was taken); and\n\n(c) if the order was not executed—setting out briefly the reasons why the order was not executed.\n\n(2) A report must be made within 10 days after the expiry of the production order.\n\n","sortOrder":253},{"sectionNumber":"105","sectionType":"section","heading":"Absence etc. of magistrate or judge who made production order","content":"\t105 Absence etc. of magistrate or judge who made production order\n\nIf the magistrate or judge who made a production order has ceased to hold office or is absent, a report required to be given to him or her under section 104 must be given to any other magistrate or judge.\n\n","sortOrder":254},{"sectionNumber":"106","sectionType":"section","heading":"Effect of production orders on proceedings etc.","content":"\t106 Effect of production orders on proceedings etc.\n\n(1) A person is not excused from producing or making available a document when required to do so by a production order on the ground that to do so—\n\n(a) might tend to incriminate the person or make the person liable to a penalty; or\n\nS. 106(1)(b) amended by No. 43/1998  \ns. 29(1).\n\n(b) would be in breach of an obligation by a legal practitioner to a client not to disclose the existence or contents of the document; or\n\nS. 106(1)(c) inserted by No. 43/1998  \ns. 29(1).\n\n(c) would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.\n\nS. 106(2) amended by No. 43/1998  \ns. 29(2).\n\n(2) If a person produces or makes available a document under a production order—\n\n(a) the production or making available of the document; or\n\n(b) any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document—\n\nis not admissible against the person or another person to whom the person owes the obligation referred to in paragraph (b) or (c) of subsection (1) in any criminal proceedings other than proceedings for an offence against section 108.\n\n(3) An action, suit or proceeding does not lie against a person who, in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of a document, produces or makes available the document when required to do so by a production order.\n\n","sortOrder":255},{"sectionNumber":"107","sectionType":"section","heading":"Variation of production orders","content":"\t107 Variation of production orders\n\n(1) If a court makes a production order requiring a person to produce a document, the person against whom the order is made may apply to the court for a variation of the order.\n\n(2) An applicant must give written notice of the application to the applicant for the production order.\n\n","sortOrder":256},{"sectionNumber":"108","sectionType":"section","heading":"Failure to comply with production order","content":"\t108 Failure to comply with production order\n\n(1) A person against whom a production order is made must not—\n\n(a) contravene the order without reasonable excuse; or\n\n(b) in purported compliance with the order, produce or make available a document known to the person to be false or misleading in a material particular without—\n\nS. 108(1)(b)(i) amended by Nos 37/2014 s. 10(Sch. item 25.19), 44/2022 s. 33.\n\n(i) indicating to the investigative officer to whom the document is produced or made available that the document is false or misleading and the respect in which it is false or misleading; and\n\nS. 108(1)(b)(ii) amended by Nos 37/2014 s. 10(Sch. item 25.19), 44/2022 s. 33.\n\n(ii) providing correct information to the investigative officer if the person is in possession of, or can reasonably acquire, the correct information.\n\n(2) A person against whom a production order is made must not—\n\n(a) without reasonable excuse, destroy, dispose of or deliver to another person documents subject to the order that were in the possession or control of the first mentioned person when notice of the making of the order was given to the person; or\n\n(b) in any other manner obstruct or evade compliance with the order.\n\n(3) A person must not contravene an order made under section 101(6).\n\nDivision 2—Search powers\n\n","sortOrder":257},{"sectionNumber":"109","sectionType":"section","heading":"Application for search warrant for property-tracking documents","content":"\t109 Application for search warrant for property-tracking documents\n\nS. 109(1) amended by Nos 87/2004 s. 22(2)(i), 37/2014 s. 10(Sch. item 25.19), 55/2014 s. 40(1).\n\n(1) The DPP or a police officer may apply to a magistrate or to a judge of the Supreme Court or County Court for a search warrant for property-tracking documents in relation to a Schedule 1 offence, a Schedule 2 offence or a serious drug offence of which a person has been convicted or which the applicant has reasonable grounds for believing to have been committed by a person.\n\nS. 109(2) amended by Nos 87/2004 s. 22(2)(j), 55/2014 s. 40(2).\n\n(2) An application can only be made under subsection (1) if the applicant has reasonable grounds for believing that there is, or may be within the next 72 hours, in or on any premises, a property-tracking document in relation to the Schedule 1 offence, the Schedule 2 offence or the serious drug offence.\n\n(3) An application under subsection (1)—\n\n(a) must be in writing; and\n\nS. 109(3)(b) amended by No. 6/2018 s. 68(Sch. 2 item 26.10).\n\n(b) must be supported by evidence on oath or affirmation or by affidavit setting out the grounds on which it is made; and\n\n(c) must be heard in closed court.\n\n(4) A magistrate or judge hearing an application under subsection (1) may require the applicant to give him or her, either orally or in writing, any additional information that he or she requires concerning the grounds on which the order is sought.\n\n","sortOrder":258},{"sectionNumber":"110","sectionType":"section","heading":"Search warrants","content":"\t110 Search warrants\n\n(1) A magistrate or judge to whom an application is made under section 109(1) may issue a search warrant if satisfied that there are reasonable grounds for doing so.\n\n(2) A magistrate or judge must not issue a search warrant unless he or she is satisfied that—\n\n(a) the document cannot be identified or described with sufficient particularity to enable a production order to be made in respect of it; or\n\n(b) a production order made in respect of the document has not been complied with; or\n\n(c) there are reasonable grounds to suspect that it would be unlikely that any production order made in respect of the document would be complied with; or\n\n(d) the investigation might be seriously prejudiced if the applicant did not gain immediate access to the document without notice to any person.\n\nS. 110(3) amended by No. 6/2018 s. 68(Sch. 2 item 26.11).\n\n(3) If the applicant's affidavit—\n\n(a) states that he or she believes that—\n\n(i) the person who was convicted of the offence, or is believed to have committed the offence, derived a benefit in relation to the offence, having regard to section 67 or 68 (as the case may be); and\n\n(ii) property specified in the application—\n\nthe magistrate or judge may if he or she considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before him or her, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the offence.\n\n(4) There must be stated in a search warrant—\n\n(c) a description of the kind of documents authorised to be seized.\n\n(5) Every warrant issued under this section must be in the prescribed form.\n\n","sortOrder":259},{"sectionNumber":"111","sectionType":"section","heading":"Expiry of warrant","content":"\t111 Expiry of warrant\n\nA search warrant ceases to have effect—\n\n","sortOrder":260},{"sectionNumber":"112","sectionType":"section","heading":"Application of Magistrates' Court Act 1989","content":"\t112 Application of Magistrates' Court Act 1989\n\nExcept to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this Division.\n\n","sortOrder":261},{"sectionNumber":"113","sectionType":"section","heading":"Authority conferred by search warrant","content":"\t113 Authority conferred by search warrant\n\nA search warrant authorises the person to whom it is directed, with any assistants and by any force that is necessary and reasonable—\n\n(a) to break, enter and search any premises named or described in the warrant for any document of the kind described in the warrant; and\n\n(b) to seize any document found in the course of the search that the person executing the warrant believes, on reasonable grounds, to be a document of that kind; and\n\n(c) to seize any document or thing found in the course of the search that the person executing the warrant believes, on reasonable grounds—\n\nS. 113(c)(i) amended by No. 87/2004 s. 22(2)(k).\n\n(i) to be a property-tracking document in relation to the offence (although not of a kind described in the warrant) or in relation to another Schedule 1 offence or Schedule 2 offence; or\n\nS. 113(c)(ii) amended by No. 87/2004 s. 22(2)(l).\n\n(ii) to be a thing that will afford evidence about the commission of a Schedule 1 offence—\n\nand that he or she believes, on reasonable grounds, is necessary to be seized in order to prevent its concealment, loss or destruction.\n\nS. 114 amended by Nos 87/2004 s. 22(2)(m), 37/2014 s. 10(Sch. item 25.19).\n\n","sortOrder":262},{"sectionNumber":"114","sectionType":"section","heading":"Search for documents with consent","content":"\t114 Search for documents with consent\n\nNothing in this Division prevents a police officer, with the consent of the occupier of any premises, entering and searching the premises for a property-tracking document in relation to a Schedule 1 offence or a Schedule 2 offence and seizing any document found in the course of the search that he or she believes, on reasonable grounds, to be a document of that kind.\n\nDivision 3—Monitoring orders\n\n","sortOrder":263},{"sectionNumber":"115","sectionType":"section","heading":"Application for monitoring order","content":"\t115 Application for monitoring order\n\nS. 115(1AA) inserted by No. 87/2004 s. 21(1), amended by No. 34/2008 s. 143(Sch. 2 item 2), substituted by No. 82/2012 s. 156(1).\n\n(1AA) In this section, ***IBAC Commissioner*** means the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 115(1) amended by Nos 87/2004 s. 21(2), 82/2012 s. 156(2), 37/2014 s. 10(Sch. item 25.19).\n\n(1) The IBAC Commissioner or a police officer may, without notice, apply to the Supreme Court for an order directing a financial institution to give to a particular law enforcement agency information obtained by the institution about transactions conducted through an account held by a particular person with the institution, including information about—\n\n(a) the making of a fixed term deposit; and\n\n(b) the transfer of the whole or of any part of a fixed term deposit at the end of the term.\n\n(2) An application under subsection (1) must be supported by an affidavit of the applicant—\n\n(a) stating that he or she believes that the person in respect of whose account the information is sought—\n\nS. 115(2)(a)(i) amended by Nos 87/2004 s. 21(3), 55/2014 s. 41(a).\n\nS. 115(2)(a)(iii) amended by Nos 55/2014 s. 41(b), 79/2014 s. 34(a).\n\n(iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; or\n\nS. 115(2)(a)(iv) inserted by No. 79/2014 s. 34(b), amended by No. 26/2024 s. 41(a).\n\n(iv) has engaged in serious criminal activity; or\n\nS. 115(2)(a)(v) inserted by No. 26/2024 s. 41(b).\n\n(v) has acquired property unlawfully; or\n\nS. 115(2)(a)(vi) inserted by No. 26/2024 s. 41(b).\n\n(vi) has wealth that exceeds the person's lawfully acquired wealth; and\n\n(b) setting out the grounds on which the applicant holds those beliefs.\n\n(3) The Supreme Court may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought.\n\n(4) An application under subsection (1) must be heard in closed court.\n\n","sortOrder":264},{"sectionNumber":"116","sectionType":"section","heading":"Monitoring orders","content":"\t116 Monitoring orders\n\nS. 116(1) amended by No. 6/2018 s. 68(Sch. 2 item 26.12).\n\n(1) The Supreme Court may, on an application under section 115(1), if it considers that, having regard to the matters contained in the affidavit of the applicant and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, make a monitoring order against the financial institution.\n\n(2) A monitoring order must specify—\n\n(a) the name or names in which the account is believed to be held; and\n\n(b) the kind of information that the financial institution is required to give; and\n\n(c) the law enforcement agency to which the information is to be given; and\n\n(d) the manner in which the information is to be given; and\n\n(e) the period during which the order is to have effect.\n\n(3) A period specified under subsection (2)(e) must not commence earlier than the day on which notice of the order is given to the financial institution and must not end later than 3 months after the date of the order.\n\nS. 116(4) amended by No. 104/2003 s. 5(6).\n\n(4) If a financial institution is, or has been, subject to a monitoring order, the fact that the monitoring order has been made must be disregarded for the purposes of the application of section 194 or 195A of the **Crimes Act 1958** in relation to the institution.\n\n(5) When a monitoring order has been made the applicant must give written notice of its making to the financial institution against whom it is made.\n\n","sortOrder":265},{"sectionNumber":"117","sectionType":"section","heading":"Failure to comply with monitoring order","content":"\t117 Failure to comply with monitoring order\n\n(1) A financial institution that has been given notice of a monitoring order must not knowingly—\n\n(a) contravene the order; or\n\n(b) in purported compliance with the order give information that is false or misleading in a material particular.\n\n","sortOrder":266},{"sectionNumber":"118","sectionType":"section","heading":"Existence and operation of monitoring order not to be disclosed","content":"\t118 Existence and operation of monitoring order not to be disclosed\n\n(1) A financial institution that is, or has been, subject to a monitoring order must not disclose the existence or operation of the order to any person (including the person to whom the order relates) except—\n\nS. 118(1)(a) amended by No. 37/2014 s. 10(Sch. item 25.20).\n\n(a) if the order specifies Victoria Police as the law enforcement agency to which information is to be given—a police officer; or\n\n(b) if the order specifies another authority or person as the law enforcement agency to which information is to be given—a member, or member of the staff, of the agency; or\n\n(c) an officer or agent of the financial institution, for the purpose of ensuring that the order is complied with; or\n\n(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the order.\n\n(2) The law enforcement agency to which information is given under a monitoring order must give that information to a prescribed person authorised by the Minister for the purposes of this subsection.\n\n(3) A person to whom the existence or operation of a monitoring order is disclosed in accordance with subsection (1) or to whom information is given under subsection (2) must not—\n\n(a) while he or she is a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) or a person referred to in subsection (2), disclose the existence or operation of the order to any person except another person of that kind for the purpose of—\n\n(i) if the disclosure is made by a person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2)—the performance of his or her duties; or\n\n(ii) if the disclosure is made by an officer or agent of the financial institution—ensuring that the order is complied with or obtaining legal advice or representation in relation to the order; or\n\n(iii) if the disclosure is made by a legal practitioner—giving legal advice or providing representation in relation to the order; or\n\n(b) when he or she is no longer a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) or a person referred to in subsection (2), make a record of, or disclose, the existence or operation of the order in any circumstances.\n\n(4) Nothing in subsection (3) prevents the disclosure by a person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2) of the existence or operation of a monitoring order—\n\n(5) A person of a kind referred to in paragraph (a) or (b) of subsection (1) or a person referred to in subsection (2) must not be required to disclose to any court the existence or operation of a monitoring order.\n\n(6) A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.\n\n(7) An offence against subsection (1) is a summary offence.\n\nPt 13 Div. 3A (Heading and ss 118A–118M) inserted by No. 63/2003 s. 29.\n\n","sortOrder":267},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Information notices","content":"Division 3A—Information notices\n\nS. 118A inserted by No. 63/2003 s. 29.\n\n","sortOrder":268},{"sectionNumber":"118A","sectionType":"section","heading":"Definition","content":"\t118A Definition\n\nIn this Division—\n\nS. 118A def. of *authorised member of the police force* substituted as *authorised police officer* by No. 37/2014 s. 10(Sch. item 25.21).\n\n***authorised police officer*** means a police officer authorised under section 118B.\n\nS. 118B inserted by No. 63/2003 s. 29, amended by No. 37/2014 s. 10(Sch. item 25.22).\n\n","sortOrder":269},{"sectionNumber":"118B","sectionType":"section","heading":"Chief Commissioner of Police may authorise police to issue information notices","content":"\t118B Chief Commissioner of Police may authorise police to issue information notices\n\nThe Chief Commissioner of Police may authorise in writing a police officer of the rank of inspector or above to issue information notices.\n\nS. 118C inserted by No. 63/2003 s. 29.\n\n","sortOrder":270},{"sectionNumber":"118C","sectionType":"section","heading":"Who can issue information notices?","content":"\t118C Who can issue information notices?\n\nAn information notice may be issued in accordance with this Division by—\n\nS. 118C(a) amended by No. 37/2014 s. 10(Sch. item 25.22).\n\n(a) an authorised police officer; or\n\n(b) a prescribed person.\n\nS. 118D (Heading) amended by No. 37/2014 s. 10(Sch. item 25.23).\n\nS. 118D inserted by No. 63/2003 s. 29.\n\n","sortOrder":271},{"sectionNumber":"118D","sectionType":"section","heading":"Issuing information notices—authorised police officer","content":"\t118D Issuing information notices—authorised police officer\n\nS. 118D(1) amended by Nos 104/2003 s. 5(7), 37/2014 s. 10(Sch. item 25.24).\n\n(1) An authorised police officer may issue an information notice to a financial institution for the purposes of any proceedings under this Act.\n\nS. 118D(2) amended by No. 37/2014 s. 10(Sch. item 25.24).\n\n(2) An authorised police officer must not issue an information notice unless he or she reasonably believes that—\n\n(a) the person in respect of whose account with the financial institution the information is sought or a person who has an interest in that account—\n\nS. 118D(2)(a)(i) amended by Nos 87/2004 s. 22(2)(n), 55/2014 s. 42(a).\n\nS. 118D  \n(2)(a)(iii) amended by Nos 55/2014 s. 42(b), 79/2014 s. 35(a).\n\n(iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; or\n\nS. 118D  \n(2)(a)(iv) inserted by No. 79/2014 s. 35(b).\n\n(iv) has engaged in serious criminal activity; and\n\n(b) the issuing of the information notice is required to determine whether to take any action under this Act.\n\nS. 118D(3) inserted by No. 44/2022 s. 44, amended by No. 55/2025 s. 4(1).\n\n(3) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that—\n\n(a) an account with the financial institution in respect of which the information is sought is secured by property; and\n\n(b) the property is derived property or tainted property; and\n\n(c) the issuing of the information notice is required to determine whether to take any action under this Act.\n\nS. 118D(3A) inserted by No. 55/2025 s. 4(2).\n\n(3A) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that—\n\n(a) a person who holds an account with the financial institution in respect of which the information is sought, or a person with an interest in that account, has an interest in property that was not lawfully acquired; and\n\n(b) the issuing of the information notice is required to determine whether to take any action under Part 4A.\n\nS. 118D(3B) inserted by No. 55/2025 s. 4(2).\n\n(3B) Despite subsection (2), an authorised police officer may issue an information notice to a financial institution if the police officer reasonably believes that—\n\n(a) a person who holds an account with the financial institution in respect of which the information is sought, or a person with an interest in that account, has wealth that exceeds the person's lawfully acquired wealth; and\n\n(b) the issuing of the information notice is required to determine whether to take any action under Part 4A.\n\nS. 118D(4) inserted by No. 44/2022 s. 44.\n\n(4) An information notice issued under this section expires on the earlier of—\n\nS. 118D(4)(a) amended by No. 55/2025 s. 4(3).\n\n(a) the date on which the authorised police officer no longer reasonably believes the matters specified under subsection (2), (3), (3A) or (3B) on which the authorised police officer relied to justify the issue of the information notice; or\n\n(b) 3 months from the date of issue of the information notice.\n\nS. 118E inserted by No. 63/2003 s. 29.\n\n","sortOrder":272},{"sectionNumber":"118E","sectionType":"section","heading":"Issuing information notices—prescribed person","content":"\t118E Issuing information notices—prescribed person\n\nS. 118E(1) amended by No. 44/2022 s. 37.\n\n(1) A person prescribed for the purposes of section 118C may issue an information notice to a financial institution for the purposes of satisfying a pecuniary penalty order or an order under section 12 of the **Crimes (Confiscation of Profits) Act 1986** before its repeal.\n\nS. 118E(2) amended by No. 68/2010 s. 25(1).\n\n(2) A person prescribed for the purposes of section 118C must not issue an information notice under subsection (1) unless he or she reasonably believes that—\n\nS. 118E(2)(a) amended by Nos 87/2004 s. 22(2)(o), 68/2009 s. 97(Sch. item 23.63).\n\n(a) a pecuniary penalty order has been made against an accused in relation to a Schedule 1 offence or a Schedule 2 offence; and\n\n(b) the issuing of the information notice is required to satisfy the pecuniary penalty order.\n\nS. 118E(3) inserted by No. 68/2010 s. 25(2).\n\n(3) A person prescribed for the purposes of section 118C may issue an information notice to a financial institution for the purposes of—\n\nS. 118E(3)(a) amended by No. 79/2014 s. 36.\n\n(a) managing specified property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made; or\n\n(b) managing or disposing of specified property that has been forfeited under this Act.\n\nS. 118E(4) inserted by No. 68/2010 s. 25(2), substituted by No. 44/2022 s. 65.\n\n(4) A person prescribed for the purposes of section 118C must not issue an information notice under subsection (3) unless he or she reasonably believes that the issuing of the information notice is required to manage or dispose of the specified property.\n\nS. 118E(5) inserted by No. 55/2025 s. 5.\n\n(5) A person prescribed for the purposes of section 118C may issue an information notice to a financial institution for the purposes of satisfying an unexplained wealth order if the person reasonably believes that—\n\n(a) an unexplained wealth order has been made against a person; and\n\n(b) the issuing of the information notice is required to satisfy the unexplained wealth order.\n\nS. 118F inserted by No. 63/2003 s. 29.\n\n","sortOrder":273},{"sectionNumber":"118F","sectionType":"section","heading":"Information notice to be signed and reasons recorded","content":"\t118F Information notice to be signed and reasons recorded\n\n(1) A person who issues an information notice must sign the notice.\n\n(2) A person who issues an information notice must make a written record of the reasons he or she has relied on to justify the issuing of the information notice.\n\nS. 118G inserted by No. 63/2003 s. 29.\n\n","sortOrder":274},{"sectionNumber":"118G","sectionType":"section","heading":"What can an information notice require?","content":"\t118G What can an information notice require?\n\n(1) An information notice may require a financial institution to give to the law enforcement agency specified in the information notice the following information only—\n\nS. 118G(1)(a) amended by No. 27/2016 s. 21(a).\n\n(a) if the information notice specifies a name or names in which an account is believed to be or to have been held—\n\n(1)(a)(i) amended by No. 27/2016 s. 21(b).\n\n(i) whether an account is or was held in that name or those names with the financial institution; and\n\n(1)(a)(ii) amended by Nos 68/2010 s. 26(1), 27/2016 s. 21(b), 44/2022 s. 45(1)(a).\n\n(ii) if an account is or was held in that name or those names with that institution, the account number, the type of account and current balance of that account; and\n\n(1)(a)(iii) inserted by No. 44/2022 s. 45(1)(b).\n\n(iii) in the case of an account for a loan that is secured by property, the registered proprietors of the property, the amount secured by the property and the location of the property; or\n\n(b) if the information notice specifies an account number—\n\n(1)(b)(i) amended by No. 27/2016 s. 21(c).\n\n(i) the name or names in which that account is or was held; and\n\n(1)(b)(ia) inserted by No. 68/2010 s. 26(2).\n\n(ia) the type of account; and\n\n(1)(b)(ii) substituted by No. 27/2016 s. 21(d), amended by No. 44/2022 s. 45(2).\n\n(ii) if still held with the financial institution, the balance of that account; and\n\n(1)(b)(iii) inserted by No. 44/2022 s. 45(3).\n\n(iii) in the case of an account for a loan that is secured by property, the registered proprietors of the property, the amount secured by the property and the location of the property.\n\nS. 118G(1AA) inserted by No. 44/2022 s. 9.\n\n(1AA) In addition, in the case of an information notice referred to in section 118G(1) that relates to an account that is associated with digital assets, the information notice may also require information about—\n\n(a) the type of digital asset; and\n\n(b) the quantum or value of that digital asset.\n\n(1A) inserted by No. 68/2010 s. 26(3), repealed by No. 44/2022 s. 66(1).\n\n(2) An information notice may only require a financial institution to give information to the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee.\n\nS. 118H inserted by No. 63/2003 s. 29.\n\n","sortOrder":275},{"sectionNumber":"118H","sectionType":"section","heading":"What must the information notice contain?","content":"\t118H What must the information notice contain?\n\n(1) An information notice must be in the prescribed form.\n\n(2) An information notice must specify—\n\n(a) the name of the person who has issued the information notice; and\n\n(b) the section of this Act under which that person is authorised to issue information notices; and\n\nS. 118H  \n(2)(ba) inserted by No. 68/2010 s. 27, amended by No. 44/2022 s. 66(2).\n\n(ba) if the information notice is issued under section 118E(3), details of the property referred to in section 118E(3)(a) or (b) (as the case may be); and\n\n(c) the name of the financial institution; and\n\nS. 118H(2)(d) amended by No. 27/2016 s. 22.\n\n(d) the name or names in which the account is believed to be or to have been held or the account number of the account believed to be or to have been held with the financial institution (as the case requires); and\n\n(e) any other details that may assist the financial institution to identify the account; and\n\n(f) the kind of information that the financial institution is required to give; and\n\n(g) the law enforcement agency to which the information is to be given, being the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee; and\n\n(h) that the information required is to be given in writing; and\n\n(i) the period within which the financial institution is to comply with the information notice, being a period of not less than 3 business days after the date on which the information notice is given to the financial institution; and\n\n(j) the effect of sections 118J, 118K and 118L.\n\nS. 118I inserted by No. 63/2003 s. 29, amended by No. 33/2018 s. 83.\n\n","sortOrder":276},{"sectionNumber":"118I","sectionType":"section","heading":"How is an information notice given?","content":"\t118I How is an information notice given?\n\nAn information notice must be given to a financial institution in accordance with section 137 and, without limiting the generality of that section, may be given by facsimile or other electronic communication.\n\nS. 118J inserted by No. 63/2003 s. 29.\n\n","sortOrder":277},{"sectionNumber":"118J","sectionType":"section","heading":"Offence to fail to comply with information notice","content":"\t118J Offence to fail to comply with information notice\n\n(1) A financial institution that has been given an information notice must not—\n\n(a) without reasonable excuse, fail to comply with the information notice; or\n\n(b) in purported compliance with the information notice, knowingly give information that is false or misleading in a material particular.\n\nS. 118K inserted by No. 63/2003 s. 29.\n\n","sortOrder":278},{"sectionNumber":"118K","sectionType":"section","heading":"Offence to disclose existence of information notice","content":"\t118K Offence to disclose existence of information notice\n\n(1) Subject to subsection (7), a financial institution that is given, or has been given, an information notice must not disclose the existence of the information notice to any person (including the person to whom the notice relates) except—\n\nS. 118K(1)(a) amended by No. 37/2014 s. 10(Sch. item 25.25).\n\n(a) if the information notice specifies Victoria Police as the law enforcement agency to which the information is to be given, a police officer; or\n\n(b) if the information notice specifies another authority or person as the law enforcement agency to which information is to be given, a member or an officer or an employee of the agency; or\n\n(c) an officer or agent of the financial institution, for the purpose of ensuring that the information notice is complied with; or\n\n(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the information notice.\n\n(2) Subject to subsection (7), a person to whom the existence of an information notice is disclosed in accordance with subsection (1) must not—\n\n(a) while he or she is a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1), disclose the existence of the information notice to any person except another person of that kind for the purpose of—\n\n(i) if the disclosure is made by a person of a kind referred to in paragraph (a) or (b) of subsection (1), the performance of his or her duties; or\n\n(ii) if the disclosure is made by an officer or agent of the financial institution, ensuring that the information notice is complied with or obtaining legal advice or representation in relation to the information notice; or\n\n(iii) if the disclosure is made by a legal practitioner, giving legal advice or providing representation in relation to the information notice; or\n\n(b) when he or she is no longer a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1), make a record of, or disclose, the existence of the information notice in any circumstances.\n\n(3) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b), (c) or (d) of subsection (1) of the existence of an information notice—\n\n(4) Nothing in subsection (2) prevents the disclosure by a person of a kind referred to in paragraph (a) or (b) of subsection (1) of the existence of an information notice for the purposes of a report under section 139A(1) or (2).\n\n(5) A reference in this section to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the information notice.\n\n(6) An offence against subsection (1) is a summary offence.\n\n(7) It is not an offence under this section to disclose the existence of an information notice if the existence of the information notice has been made known in any proceedings in open court.\n\nS. 118L inserted by No. 63/2003 s. 29.\n\n","sortOrder":279},{"sectionNumber":"118L","sectionType":"section","heading":"Immunity from suit","content":"\t118L Immunity from suit\n\nNo civil proceeding lies against—\n\n(a) a financial institution; or\n\n(b) a person who is an officer, employee or agent of that financial institution acting in the course of that person's duties as an officer, employee or agent—\n\nin relation to any action taken or information given by the institution or person in compliance with an information notice.\n\nS. 118M (Heading) substituted by No. 104/2003 s. 5(8)(a).\n\nS. 118M inserted by No. 63/2003 s. 29, amended by No. 104/2003 s. 5(8)(b).\n\n","sortOrder":280},{"sectionNumber":"118M","sectionType":"section","heading":"Giving of information notice to be disregarded for certain purposes","content":"\t118M Giving of information notice to be disregarded for certain purposes\n\nIf a financial institution is given, or has been given, an information notice, the fact that the information notice has been issued must be disregarded for the purposes of the application of section 194 or 195A of the **Crimes Act 1958** in relation to the institution.\n\nPt 13 Div. 3B (Heading and s. 118N) inserted by No. 44/2022 s. 46.\n\n","sortOrder":281},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Credit information","content":"Division 3B—Credit information\n\nS. 118N inserted by No. 44/2022 s. 46.\n\n","sortOrder":282},{"sectionNumber":"118N","sectionType":"section","heading":"Access to and use of information held by credit reporting bodies","content":"\t118N Access to and use of information held by credit reporting bodies\n\n(1) On the written request of an investigative officer or a prescribed person, a credit reporting body is authorised to disclose to the person making the request the following information about a person for the purposes of a proceeding or taking an enforcement action under this Act against the person—\n\n(a) any identification information included in the person's credit information;\n\n(b) any telephone number or email address recorded in the name of the person;\n\n(c) credit worthiness information in relation to the person;\n\n(d) the name of any financial institution in respect of which the person is a customer and the details of any accounts held by the person with that financial institution.\n\n(2) The Chief Commissioner of Police may authorise in writing a police officer of the rank of inspector or above to request credit information.\n\n(3) A request for credit information may be issued in accordance with this section by an investigative officer.\n\n(4) In this section—\n\n***credit worthiness*** has the same meaning as in the Privacy Act 1988 of the Commonwealth;\n\n(a) a person authorised under section 118N(2); or\n\n(b) a person who holds a prescribed office; or\n\n(c) a person belonging to a prescribed class of investigative officer.\n\nDivision 4—Reports of suspect transactions\n\n","sortOrder":283},{"sectionNumber":"119","sectionType":"section","heading":"Reports of suspect transactions","content":"\t119 Reports of suspect transactions\n\nS. 119(1) amended by No. 68/2010 s. 28(1).\n\n(1) A cash dealer who is a party to a transaction and who has reasonable grounds for suspecting that information that the cash dealer has concerning the transaction—\n\n(a) may be relevant to an investigation, or prosecution, of a person for an offence against a law of Victoria; or\n\n(b) may be of assistance in the enforcement of this Act or the regulations made under this Act—\n\nmust, as soon as practicable, prepare a report of the transaction and communicate the information contained in it to the AUSTRAC CEO.\n\nS. 119(2) amended by No. 68/2010 s. 28(2).\n\n(2) Subsection (1) applies only where the cash dealer is not required to report the transaction under Division 2 of Part II of the Financial Transaction Reports Act 1988 of the Commonwealth or under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth.\n\n(3) The report must—\n\nS. 119(3)(a) amended by No. 68/2010 s. 28(1).\n\n(a) be in the form approved by the AUSTRAC CEO in writing for the purposes of section 16 of the Financial Transaction Reports Act 1988 of the Commonwealth;\n\n(b) contain the reportable details of the transaction;\n\n(c) set out the grounds for the suspicion referred to in subsection (1);\n\n1. be signed by the cash dealer.\n\nS. 119(4) amended by No. 68/2010 s. 28(1).\n\n(4) The communication to the AUSTRAC CEO of the information contained in the report must be made—\n\nS. 119(4)(a) amended by No. 68/2010 s. 28(1).\n\n(a) by giving the AUSTRAC CEO a copy of the report; or\n\nS. 119(4)(b) amended by No. 68/2010 s. 28(1).\n\n(b) in any other manner and form approved by the AUSTRAC CEO.\n\n(5) An approval for the purposes of subsection (4)(b)—\n\n(a) must be in writing; and\n\n(b) may relate to a specified cash dealer or a specified class of cash dealers.\n\nS. 119(6) amended by Nos 43/1998  \ns. 30, 68/2010 s. 28(1), 37/2014 s. 10(Sch. item 25.26).\n\n(6) A cash dealer who communicates information to the AUSTRAC CEO under subsection (1) or Division 2 of Part II of the Financial Transaction Reports Act 1988 of the Commonwealth must, if requested to do so by a police officer, give any further information that is related, whether directly or indirectly, to the information communicated to the AUSTRAC CEO and is specified in the request to the extent to which the cash dealer has that information.\n\nS. 119(6A) inserted by No. 68/2010 s. 28(3), amended by No. 37/2014 s. 10(Sch. item 25.26).\n\n(6A) A reporting entity who communicates information to the AUSTRAC CEO under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth must, if requested to do so by a police officer, give any further information that is related, whether directly or indirectly, to the information communicated to the AUSTRAC CEO and is specified in the request to the extent to which the reporting entity has that information.\n\nS. 119(7) amended by No. 68/2010 s. 28(4)(b)(c).\n\n(7) An action, suit or proceeding does not lie against—\n\nS. 119(7)(a) amended by No. 68/2010 s. 28(4)(a).\n\n(a) a cash dealer or reporting entity; or\n\nS. 119(7)(b) amended by No. 68/2010 s. 28(4)(a).\n\n(b) an officer, employee or agent of the cash dealer or reporting entity acting in the course of that person's appointment, employment or agency—\n\nin relation to any action by the cash dealer, reporting entity or person taken in good faith under this section or taken in good faith in the reasonable belief that it was required by this section.\n\nS. 119(8) amended by No. 68/2010 s. 28(5).\n\n(8) A cash dealer or reporting entity or an officer, employee or agent of a cash dealer or reporting entity who communicates or gives information under this section must be taken, for the purposes of the offence of money laundering, not to have been in possession of that information at any time.\n\n(9) A cash dealer must not refuse or fail—\n\n(a) to prepare a report; or\n\nS. 119(9)(b) amended by No. 68/2010 s. 28(1).\n\n(b) to communicate information to the AUSTRAC CEO—\n\nwhen and as required under subsection (1).\n\nS. 119(10) amended by No. 68/2010 s. 28(1).\n\n(10) A cash dealer must not, in communicating information to the AUSTRAC CEO under subsection (1), knowingly—\n\n(a) make a statement that is false or misleading in a material particular; or\n\n(b) omit from a statement any matter or thing without which the statement is misleading in a material particular.\n\nPt 13 Div. 4A (Heading and s. 119A) inserted by No. 63/2003 s. 30.\n\n","sortOrder":284},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Sharing of information","content":"Division 4A—Sharing of information\n\nS. 119A inserted by No. 63/2003 s. 30.\n\n","sortOrder":285},{"sectionNumber":"119A","sectionType":"section","heading":"Communication of information between law enforcement agencies","content":"\t119A Communication of information between law enforcement agencies\n\nA person who is a member or an officer or employee of a law enforcement agency may divulge or communicate any information to another law enforcement agency if the person divulging or communicating that information believes on reasonable grounds that to do so is necessary for—\n\n(a) the management of property—\n\n(i) seized under this Act; or\n\nS. 119A(a)(ii) amended by Nos 68/2010 s. 61, 79/2014 s. 36.\n\n(ii) in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made; or\n\n(iii) to which an embargo notice relates; or\n\n(b) the purposes of any proceedings under this Act; or\n\n(c) the enforcement of this Act or any orders made under this Act.\n\n","sortOrder":286},{"sectionNumber":"Div 5","sectionType":"division","heading":"Interstate offences","content":"Division 5—Interstate offences\n\n","sortOrder":287},{"sectionNumber":"120","sectionType":"section","heading":"Ministerial arrangements for transmission of documents or information","content":"\t120 Ministerial arrangements for transmission of documents or information\n\n(1) The Minister may enter into arrangements with a Minister to whom the administration of a corresponding law is committed under which—\n\n(a) documents or things seized, copies or extracts of documents produced, and information obtained under this Part in respect of an interstate offence—\n\n(i) are to be transmitted to the appropriate law enforcement agency in the place where the corresponding law is in force for the purposes of investigation of, or proceedings in respect of, that offence; and\n\nS. 120(1)(a)(ii) amended by No. 43/1998  \ns. 39(f).\n\n(ii) when no longer required for those purposes, are to be returned, unless disposed of by order or direction of a court, to the Chief Commissioner of Police in Victoria; and\n\nS. 120(1)(b) amended by No. 87/2004 s. 22(2)(p).\n\n(b) documents or things seized, copies or extracts of documents produced, and information obtained under the corresponding law in respect of a Schedule 1 offence—\n\nS. 120(1)(b)(i) amended by No. 43/1998  \ns. 39(g).\n\n(i) are to be transmitted to the Chief Commissioner of Police in Victoria; and\n\n(ii) when no longer required for the purposes of investigation of, or proceedings in respect of the offence, are to be returned, unless disposed of by order or direction of a court, to the appropriate law enforcement agency in the place in which they were seized.\n\n(2) The owner of a document or thing returned to the Chief Commissioner of Police in accordance with arrangements under subsection (1) is entitled to its return.\n\n(3) The right referred to in subsection (2) is enforceable by action in detinue in a court of competent jurisdiction.\n\nPt 13 Div. 6 (Heading and ss 120A–120E) inserted by No. 63/2003 s. 31.\n\n","sortOrder":288},{"sectionNumber":"Div 6","sectionType":"division","heading":"Document requests","content":"Division 6—Document requests\n\nS. 120A (Heading) substituted by No. 27/2016 s. 23.\n\nS. 120A inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(1) (ILA s. 39B(1)).\n\n","sortOrder":289},{"sectionNumber":"120A","sectionType":"section","heading":"Document request relating to maintenance and management of property","content":"\t120A Document request relating to maintenance and management of property\n\n(1) If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that property to produce those documents to the Secretary.\n\nS. 120A(2) inserted by Nos 68/2010 s. 29(1), 79/2014 s. 36.\n\n(2) A prescribed person may request any person whom the prescribed person believes has possession or control of documents that relate to the maintenance and management of property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made or that has been forfeited under this Act to produce those documents to the prescribed person.\n\nS. 120A(3) inserted by No. 68/2010 s. 29(1).\n\n(3) A request under subsection (1) or (2) may be made only if the person making the request reasonably believes that production of the documents is necessary for the purpose of maintaining and managing the property.\n\nS. 120AB inserted by No. 27/2016 s. 24.\n\n\t120AB Document request relating to enforcement of pecuniary penalty order\n\nS. 120AB(1) amended by No. 44/2022 s. 38.\n\n(1) A prescribed person may request any person whom the prescribed person believes has possession or control of documents required for the enforcement of a pecuniary penalty order or an order under section 12 of the **Crimes (Confiscation of Profits) Act 1986** before its repeal to produce those documents to the prescribed person.\n\n(2) A request under subsection (1) may be made only if the person making the request reasonably believes that—\n\n(a) a pecuniary penalty order has been made against an accused in relation to a Schedule 1 offence or a Schedule 2 offence; and\n\n(b) the production of the documents is necessary to enforce that pecuniary penalty order.\n\nS. 120AC inserted by No. 55/2025 s. 6.\n\n\t120AC Document request relating to enforcement of unexplained wealth order\n\n(1) A prescribed person may request a person who the prescribed person believes has possession or control of a document required for the enforcement of an unexplained wealth order to produce the document to the prescribed person.\n\n(2) A request under subsection (1) may be made only if the prescribed person making the request reasonably believes that—\n\n(a) an unexplained wealth order has been made against a person; and\n\n(b) the production of the document is necessary to enforce that unexplained wealth order.\n\nS. 120B inserted by No. 63/2003 s. 31.\n\n\t120B Document request\n\nA document request must—\n\nS. 120B(b) amended by No. 68/2010 s. 29(2).\n\n(b) in the case of a document request made under section 120A(1), specify the basis on which the Secretary has responsibility for the property; and\n\n(c) specify the documents requested or the type of documents requested; and\n\n(d) state the purposes for which the documents are sought; and\n\n(e) state whether the documents will be provided to any other person and if so, in what circumstances; and\n\n(f) be given to the person who is requested to produce the documents.\n\nS. 120C inserted by No. 63/2003 s. 31.\n\n\t120C Offences\n\n(1) A person who is given a document request must not, without reasonable excuse, fail to comply with the document request within 14 days after the day on which the document request is given.\n\n(2) A person who is given a document request must not provide any document that is false or misleading in a material particular.\n\nS. 120CA inserted by No. 44/2022 s. 36.\n\n\t120CA Offence to disclose existence of document request\n\n(1) Subject to subsection (6), a person who is given, or has been given, a document request must not disclose the existence of the document request to any person (including the person to whom the request relates) except—\n\n(a) to the person who made the request or a member or an officer or employee of the person who made the request; or\n\n(b) to a person belonging to a prescribed class of persons; or\n\n(c) if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or\n\n(d) to a legal practitioner acting for the person to whom the request is or has been made, for the purpose of obtaining legal advice or representation in relation to the request; or\n\n(e) to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.\n\nPenalty: Level 5 fine (1200 penalty units maximum).\n\n(2) Subject to subsection (6), a person to whom the existence of a document request is disclosed in accordance with subsection (1) must not—\n\n(a) while the person is a person referred to in subsection (1)(c), (d) or (e), disclose the existence of the request to any person except another person referred to in subsection (1)(c), (d) or (e) for the purpose of—\n\n(i) if the disclosure is made by a person referred to in subsection (1)(c), ensuring that the document request is complied with or obtaining legal advice or representation in relation to the document request; or\n\n(ii) if the disclosure is made by a person referred to in subsection (1)(d), giving legal advice or providing representation in relation to the request; or\n\n(iii) if the disclosure is made by a person referred to in subsection (1)(e), providing advice or assistance that may reasonably be required to comply with the request; or\n\n(b) when the person is no longer a person referred to in subsection (1)(c), (d) or (e), make a record of, or disclose, the existence of the request in any circumstances.\n\nPenalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.\n\n(3) Nothing in subsection (2) prevents the disclosure by a person referred to in subsection (1)(c), (d) or (e) of the existence of a document request—\n\n(4) A reference in this section to disclosing the existence of a document request to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the document request.\n\n(5) An offence against subsection (1) is a summary offence.\n\n(6) It is not an offence under this section to disclose the existence of a document request if the existence of the document request has been made known in any proceedings in open court.\n\nS. 120D inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(3).\n\n","sortOrder":290},{"sectionNumber":"120D","sectionType":"section","heading":"Requested documents to be provided—Court order","content":"\t120D Requested documents to be provided—Court order\n\nIf a person has been convicted of an offence against section 120C, the court which convicts that person may direct the person to provide the documents that should have been provided to the Secretary or prescribed person, as the case may be.\n\nS. 120E inserted by No. 63/2003 s. 31.\n\n","sortOrder":291},{"sectionNumber":"120E","sectionType":"section","heading":"Return of documents","content":"\t120E Return of documents\n\nS. 120E(1) amended by No. 68/2010 s. 29(4).\n\n(1) A document that is produced under this Division to the Secretary or a prescribed person must be returned to the person who produced the document within 7 days after so producing the document.\n\nS. 120E(2) amended by No. 68/2010 s. 29(5).\n\n(2) If the Secretary or prescribed person believes on reasonable grounds that it is necessary for the purposes of this Act to retain the document for more than 7 days, the Secretary or prescribed person must give the person who produced the document a copy of the document certified in writing to be a true copy of the document.\n\nPt 14 (Heading and ss 121–123) repealed by No. 104/2003 s. 5(1).\n\n","sortOrder":292},{"sectionNumber":"Part 15","sectionType":"part","heading":"Interstate orders and warrants","content":"Part 15—Interstate orders and warrants\n\nS. 124 amended by No. 87/2004 s. 22(2)(q).\n\n","sortOrder":293},{"sectionNumber":"124","sectionType":"section","heading":"Definition","content":"\t124 Definition\n\n***proceeds of crime*** means—\n\n(a) proceeds of a Schedule 1 offence or an offence against a law of the Commonwealth that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence) committed in Victoria; or\n\n(b) any property that is derived or realised, directly or indirectly, by any person from acts or omissions that—\n\n(i) occurred outside Victoria; and\n\n(ii) would, if they had occurred in Victoria, have constituted an offence referred to in paragraph (a).\n\n","sortOrder":294},{"sectionNumber":"125","sectionType":"section","heading":"Registration of interstate orders","content":"\t125 Registration of interstate orders\n\n(a) an interstate forfeiture order expressly applies to specified property in Victoria; or\n\n(b) an interstate restraining order expressly applies to—\n\n(i) specified property in Victoria; or\n\n(ii) all property in Victoria of a specified person—\n\na copy of the order, sealed by the court which made it, may be registered in the Supreme Court by the applicant for the order or by the DPP or by a person who is prescribed for the purposes of this subsection or a person of a class of persons so prescribed.\n\n(2) A copy of any amendments made to an interstate order (whether those amendments were made before or after its registration in the Supreme Court), sealed by the court which made the amendments, may be registered in the same way, and the amendments do not, for the purposes of this Act, have effect until they are registered.\n\n(3) Registration of an interstate order may be refused to the extent that the order would not, on registration, be capable of enforcement in Victoria.\n\n(4) Registration is to be effected in accordance with the rules of the Supreme Court.\n\nS. 125(5) amended by No. 38/2017 s. 43, substituted by No. 44/2022 s. 67.\n\n(5) The Supreme Court may register a copy of an interstate order that is—\n\n(a) sealed or certified electronically in accordance with the procedures of the court that made the order; and\n\n(b) transmitted by electronic communication.\n\nS. 125(6) inserted by No. 20/2015 s. 4.\n\n(6) For the purposes of this section, a reference to a court is to be read as including a reference to any body or person who, under a corresponding law of the relevant jurisdiction, may make an interstate forfeiture order or interstate restraining order.\n\n","sortOrder":295},{"sectionNumber":"126","sectionType":"section","heading":"Effect of registration","content":"\t126 Effect of registration\n\n(1) A registered interstate forfeiture order is, for the purposes of this Act (other than Parts 5, 6 and 7 and section 142) to be taken to be a forfeiture order made under section 33 at the time of registration.\n\nS. 126(2) amended by No. 43/1998  \ns. 31.\n\n(2) A registered interstate restraining order is, for the purposes of this Act (other than sections 19, 20, 26, 27, 72 and 142) to be taken to be a restraining order made under section 18.\n\n","sortOrder":296},{"sectionNumber":"127","sectionType":"section","heading":"Duration of registration","content":"\t127 Duration of registration\n\nAn interstate forfeiture order or an interstate restraining order ceases to be registered under this Act if—\n\n(a) it ceases to be in force in the State or Territory in which it was made; or\n\n(b) its registration is cancelled under this Act.\n\n","sortOrder":297},{"sectionNumber":"128","sectionType":"section","heading":"Cancellation of registration","content":"\t128 Cancellation of registration\n\n(1) The registration of an interstate forfeiture order or an interstate restraining order may be cancelled by the Supreme Court or an officer of the Supreme Court prescribed by the rules of the Supreme Court if—\n\n(a) registration was improperly obtained; or\n\n(b) particulars of any amendments made to the order, or of any ancillary orders or directions made by a court, are not given to the Supreme Court in accordance with the requirements of the rules of the Supreme Court.\n\n(2) The registration of an interstate forfeiture order or an interstate restraining order may be cancelled by the Supreme Court to the extent that the order is not capable of enforcement in Victoria.\n\n","sortOrder":298},{"sectionNumber":"129","sectionType":"section","heading":"Charge on property subject to registered interstate restraining order","content":"\t129 Charge on property subject to registered interstate restraining order\n\nS. 129(1) amended by No. 74/2000 s. 3(Sch. 1 item 25).\n\nS. 129(1)(a) amended by No. 20/2015 s. 5.\n\n(a) an interstate restraining order has been made; and\n\n(b) an interstate pecuniary penalty order is made—\n\nthen there is created, on the registration of the interstate restraining order under this Act or the registration in Victoria of the interstate pecuniary penalty order under the Service and Execution of Process Act 1992 of the Commonwealth (whichever is the later), a charge on all the property to which the restraining order applies to secure the payment of the pecuniary penalty.\n\n(2) A charge created by subsection (1) on property ceases to have effect when under the corresponding law the charge created on the making of the pecuniary penalty order ceases to have effect.\n\n(3) Subsections (4) and (5) of section 72 apply to a charge created by subsection (1) of this section in the same manner and to the same extent as they apply to a charge created by section 72(1) or (2).\n\n","sortOrder":299},{"sectionNumber":"130","sectionType":"section","heading":"Trustee may act as agent","content":"\t130 Trustee may act as agent\n\nA trustee may enter into an agreement to act as the agent of a person directed by an interstate restraining order to take control of property.\n\n","sortOrder":300},{"sectionNumber":"131","sectionType":"section","heading":"Interstate orders and search warrants","content":"\t131 Interstate orders and search warrants\n\n(1) If property has been seized under a search warrant issued in reliance on the commission of an interstate offence and a court of the other State or the Territory makes an order—\n\n(a) directing that the property be returned to the person from whose possession it was seized; or\n\n(b) directing that that person be allowed access to the property—\n\nthe order must, as far as possible, be given effect to in Victoria.\n\nS. 131(2)(a) amended by No. 87/2004 s. 22(2)(r).\n\n(a) property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence; and\n\nS. 131(2)(b) amended by No. 79/2014 s. 37(a).\n\n(b) an application has been made to a court for a forfeiture order or a civil forfeiture order or a restraining order for the purposes of automatic forfeiture or an unexplained wealth restraining order in respect of the property; and\n\nS. 131(2)(c) amended by Nos 68/2010 s. 62, 79/2014 s. 37(b).\n\n(c) the court refuses to make the order or excludes the property from the operation of any restraining order or any civil forfeiture restraining order or any unexplained wealth restraining order made by it—\n\nthe court must make an order directing that the property be returned to the person from whose possession it was seized.\n\nS. 131(3) amended by Nos 87/2004 s. 22(2)(s), 55/2014 s. 43.\n\n(3) If property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the person from whose possession the property was seized may apply to the Magistrates' Court for an order—\n\n(a) directing that the property be returned to that person; or\n\n(b) directing that the person be allowed access to the property—\n\nand the Court may make such an order on such terms and conditions (if any) as it thinks fit.\n\n(4) The applicant for an order under subsection (3) must give to the DPP or an appropriate officer written notice of the application and of the date, time and place fixed for the hearing of it.\n\n(5) Subsections (2) and (3) apply to all property seized under a search warrant other than property that—\n\n(a) was used in, or in connection with, the commission of an interstate offence; or\n\n(b) was derived or realised, directly or indirectly, by any person, in relation to an interstate offence.\n\n","sortOrder":301},{"sectionNumber":"Part 16","sectionType":"part","heading":"Miscellaneous","content":"Part 16—Miscellaneous\n\n","sortOrder":302},{"sectionNumber":"132","sectionType":"section","heading":"Standard of proof","content":"\t132 Standard of proof\n\nAny question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.\n\n","sortOrder":303},{"sectionNumber":"133","sectionType":"section","heading":"Nature of proceedings","content":"\t133 Nature of proceedings\n\n(1) Proceedings on an application under this Act are civil in nature, except as otherwise provided by this Act.\n\nS. 133(2) amended by No. 68/2010 s. 30(1).\n\n(2) Despite subsection (1), the rules regulating the practice and procedure of a court in civil proceedings (except in relation to costs) do not apply to a proceeding on an application under this Act.\n\n(3) The fact that criminal proceedings have been instituted or commenced is not a ground on which a court may stay proceedings under this Act.\n\nS. 133A inserted by No. 43/1998  \ns. 32.\n\n","sortOrder":304},{"sectionNumber":"133A","sectionType":"section","heading":"Costs","content":"\t133A Costs\n\n(1) Costs may only be awarded in accordance with this section.\n\nS. 133A(1A) inserted by No. 68/2010 s. 30(2).\n\n(1A) Nothing in subsection (1) affects the power of the court to award costs in any circumstances not referred to in this section.\n\n(a) a person brings, or appears at, proceedings under this Act before a court in order—\n\n(i) to prevent a forfeiture order or restraining order from being made against property of the person; or\n\n(ii) to have property of the person excluded from a forfeiture order or restraining order; and\n\n(b) the person is successful in those proceedings; and\n\n(c) the court is satisfied that the person was not involved in any way in the commission of the offence in respect of which the forfeiture order or restraining order was sought or made—\n\nthe court may order the applicant for the forfeiture order or restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court.\n\nS. 133A(3) amended by No. 68/2010 s. 63(c).\n\n(3) If a person brings, or appears at, proceedings under this Act before the Supreme Court in order—\n\nS. 133A(3)(a) amended by No. 68/2010 s. 63(a).\n\n(a) to prevent a civil forfeiture order or a civil forfeiture restraining order from being made against property of the person; or\n\nS. 133A(3)(b) amended by No. 68/2010 s. 63(b).\n\n(b) to have property of the person excluded from a civil forfeiture order or a civil forfeiture restraining order—\n\nthe Supreme Court may order the applicant for the civil forfeiture order or civil forfeiture restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the Court if—\n\n(c) the Supreme Court refuses to make a civil forfeiture order under section 38; or\n\nS. 133A(3)(d) amended by Nos 68/2009 s. 97(Sch. item 23.64), 68/2010 s. 63(d).\n\n(d) the person is successful in those proceedings.\n\nS. 133A(3A) inserted by No. 79/2014 s. 38(1).\n\n(3A) If—\n\n(a) a person brings, or appears at, proceedings under this Act before a court in order—\n\n(i) to prevent an unexplained wealth restraining order from being made against property of the person; or\n\n(ii) to have property of the person excluded from an unexplained wealth restraining order or from unexplained wealth forfeiture; and\n\n(b) the person is successful in those proceedings—\n\nthe court may order the applicant for the unexplained wealth restraining order to pay all the costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court.\n\nS. 133A(3B) inserted by No. 26/2024 s. 42(1).\n\n(3B) If—\n\n(a) a person brings, or appears at, proceedings under this Act before a court in order to prevent an unexplained wealth order from being made against the person; and\n\n(b) the person is successful in those proceedings—\n\nthe court may order the applicant for the unexplained wealth order to pay all the costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court.\n\nS. 133A(4) amended by Nos 79/2014 s. 38(2), 26/2024 s. 42(2).\n\n(4) The amount of costs referred to in subsections (2), (3), (3A) and (3B) is in the discretion of the court.\n\nNote to s. 133A inserted by No. 42/2007 s. 18(Sch. item 21).\n\n","sortOrder":305},{"sectionNumber":"134","sectionType":"section","heading":"Crime Prevention and Victims' Aid Fund","content":"\t134 Crime Prevention and Victims' Aid Fund\n\n(1) There shall continue to be a Trust Fund called the Crime Prevention and Victims' Aid Fund within the Public Account and the following must be paid into it—\n\n(a) all money appropriated by Parliament for the purposes of the Fund;\n\n(b) all money received by the State from the Confiscated Assets Trust Fund established under the Proceeds of Crime Act 1987 of the Commonwealth;\n\n(c) all other money received for the purposes of the Fund.\n\n(2) The Minister may pay out of the Fund any sums that he or she deems fit, and subject to any conditions, limitations or restrictions that he or she determines, for or towards—\n\n(a) organisations involved in providing information, support or assistance to victims of crime; or\n\n(b) the development or co-ordination of programs or services for the provision of information, support or assistance to victims of crime; or\n\n(c) the development, implementation, co-ordination or evaluation of crime prevention and control programs; or\n\n(d) criminological research.\n\nS. 134(3) amended by No. 55/2014 s. 44, repealed by No. 79/2014 s. 43.\n\nS. 134A inserted by No. 79/2014 s. 44.\n\n","sortOrder":306},{"sectionNumber":"134A","sectionType":"section","heading":"Payment of money realised into Consolidated Fund","content":"\t134A Payment of money realised into Consolidated Fund\n\nS. 134A(1) amended by No. 26/2024 s. 43.\n\n(1) Subject to subsection (2), all money realised under a forfeiture order, a civil forfeiture order, a pecuniary penalty order or an unexplained wealth order or by automatic forfeiture under section 35 or unexplained wealth forfeiture under section 40ZA or 40ZAB or money paid to the State under an equitable sharing program, within the meaning of section 134B, must be paid into the Consolidated Fund.\n\n(2) Money must not be paid into the Consolidated Fund if the money is required to be paid—\n\n(a) to a person or body under section 75(1); or\n\n(b) to another jurisdiction under section 134B.\n\nS. 134B inserted by No. 79/2014.\n\n","sortOrder":307},{"sectionNumber":"134B","sectionType":"section","heading":"Payment to other jurisdictions under equitable sharing program","content":"\t134B Payment to other jurisdictions under equitable sharing program\n\n(1) Subject to subsection (2), the Minister may direct that a payment be made to another jurisdiction of an amount out of property forfeited under this Act or out of the proceeds of the disposal of property forfeited under this Act.\n\n(2) The Minister may give a direction under subsection (1) if—\n\n(a) the other jurisdiction participates in an equitable sharing program with the State; and\n\n(b) in the Minister's opinion, the other jurisdiction has made a significant contribution to the recovery of the forfeited property.\n\nThe other jurisdiction has made a significant contribution to the investigation or prosecution of the illegal activity associated with the forfeited property.\n\n(3) Subject to subsection (4), the amount that the Minister may direct to be paid under subsection (1) is at the discretion of the Minister.\n\n(4) The Minister must not direct the payment of money under subsection (1) if that money is required to be paid to a person or body under section 75(1).\n\n(5) In this section—\n\n***equitable sharing program*** means an arrangement under which—\n\n(a) the State shares a proportion of property forfeited, or an amount payable, to the State under this Act with another jurisdiction that has made a significant contribution to the recovery of the property or the amount; and\n\n(b) each other participating jurisdiction shares with the State a proportion of property forfeited, or an amount payable, to the jurisdiction under a corresponding law if, in the opinion of the appropriate Minister of that jurisdiction, Victoria has made a significant contribution to the recovery of the property or amount.\n\nS. 135 substituted by No. 43/1998  \ns. 33, amended by Nos 55/2014 s. 45, 79/2014 s. 39.\n\n","sortOrder":308},{"sectionNumber":"135","sectionType":"section","heading":"Conversion costs","content":"\t135 Conversion costs\n\nConversion costs are the reasonable costs and expenses incurred in locating, storing, maintaining or disposing of, or otherwise in connection with the conversion into money of, property to which a forfeiture order, a civil forfeiture order or a pecuniary penalty order or automatic forfeiture under section 35 or 36GA or unexplained wealth forfeiture under section 40ZA applies.\n\nS. 136 (Heading) inserted by No. 26/2024 s. 44(1).\n\nS. 136 amended by No. 26/2024 s. 44(2).\n\n","sortOrder":309},{"sectionNumber":"136","sectionType":"section","heading":"Duty not payable","content":"\t136 Duty not payable\n\nNo duty is payable under the **Duties Act 2000** in respect of the transfer of any property under this Act.\n\n","sortOrder":310},{"sectionNumber":"137","sectionType":"section","heading":"Service of documents","content":"\t137 Service of documents\n\n(1) For the purposes of this Act, a document may be served on, or given to, a person—\n\n(a) if the person is a natural person—\n\n(i) by delivering it personally to the person; or\n\n(ii) by sending it by post to the person at his or her usual or last known residential or business address; or\n\n(iii) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or\n\nS. 137(1)(a)(iv) inserted by No. 44/2022 s. 68(1).\n\n(iv) if the person has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address; or\n\nS. 137(1)(a)(v) inserted by No. 44/2022 s. 68(1).\n\n(v) in any other prescribed way; or\n\nS. 137(1)(b) amended by No. 44/2001 s. 3(Sch. item 21.2).\n\n(b) if the person is a company incorporated under the Corporations Act—\n\n(i) by delivering it personally to the registered office of the company; or\n\n(ii) by sending it by post to the registered office of the company; or\n\n(iii) in any other way that service of documents may be effected on a body corporate; or\n\nS. 137(1)(b)(iv) inserted by No. 44/2022 s. 68(2).\n\n(iv) if the company has given an electronic address as an address for receiving notices or other documents—by sending it by electronic communication to that electronic address; or\n\nS. 137(1)(b)(v) inserted by No. 44/2022 s. 68(2).\n\n(v) in any other prescribed way; or\n\nS. 137(1)(c) amended by Nos 20/2012 s. 226(Sch. 5 item 5), 44/2022 s. 68(3).\n\n(c) if the person is an incorporated association within the meaning of the **Associations Incorporation Reform Act 2012**, in accordance with section 217 of that Act; or\n\nS. 137(1)(d) inserted by No. 44/2022 s. 68(4).\n\n(d) if the person is a legal practitioner who has given written notice that the legal practitioner represents a person in any proceeding under this Act and is instructed to accept personal service of documents on behalf of the person, personal service of a document on the person may be effected by—\n\n(i) giving a copy of the document to the legal practitioner; or\n\n(ii) leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there; or\n\n(iii) sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner; or\n\n(iv) delivering a copy of the document by means of fax or email to the legal practitioner of the person who—\n\n(A) has consented to receiving documents on the person's behalf by fax or email; and\n\n(B) has provided a fax number or address or email address to the prosecution or informant in the matter in respect of which the legal practitioner is representing the person; or\n\n(v) if the legal practitioner—\n\n(A) has facilities for the reception of documents in a document exchange; and\n\n(B) consents to accepting personal service of documents by delivery to those facilities in the document exchange—\n\nby delivering a copy of the document addressed to the legal practitioner into those facilities.\n\nS. 137(2) amended by No. 6/2018 s. 68(Sch. 2 item 26.13).\n\n(2) If it appears to a court, by evidence on oath or affirmation or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service.\n\n","sortOrder":311},{"sectionNumber":"138","sectionType":"section","heading":"Maximum fine for body corporate","content":"\t138 Maximum fine for body corporate\n\n(1) If a body corporate is found guilty of an offence against this Act and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.\n\n(2) This section has effect despite anything to the contrary in the **Sentencing Act 1991** and despite the prescription of a maximum fine for the offence applicable to all offenders.\n\n","sortOrder":312},{"sectionNumber":"139","sectionType":"section","heading":"Law enforcement agency to provide information to Minister","content":"\t139 Law enforcement agency to provide information to Minister\n\nA law enforcement agency must provide to the Minister any information that the Minister requires within the time specified by the Minister.\n\nS. 139A inserted by No. 63/2003 s. 32.\n\n","sortOrder":313},{"sectionNumber":"139A","sectionType":"section","heading":"Reports to the Minister","content":"\t139A Reports to the Minister\n\n(1) As soon as practicable after the end of each financial year, the Chief Commissioner of Police must submit a report to the Minister that includes the following information—\n\nS. 139A(1)(a) amended by No. 37/2014 s. 10(Sch. item 25.27).\n\n(a) the number of information notices issued by police officers; and\n\nS. 139A(1)(b) amended by No. 37/2014 s. 10(Sch. item 25.27).\n\n(b) the number of applications for freezing orders made by police officers—\n\n(i) by telephone; and\n\nS. 139A (1)(b)(ii) amended by No. 33/2018 s. 84.\n\n(ii) by facsimile or other electronic communication; and\n\n(iii) in person; and\n\n(c) the number of freezing orders made; and\n\nS. 139A(1)(d) amended by Nos 68/2010 s. 64, 79/2014 s. 40.\n\n(d) the number of freezing orders made in respect of accounts which were subsequently the subject of a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order; and\n\n(e) the number of notices of freezing orders given under section 31G to financial institutions.\n\n(2) As soon as practicable after the end of each financial year, a law enforcement agency prescribed for the purposes of this section must submit a report to the Minister that includes the following information—\n\n(a) the number of information notices issued by the law enforcement agency; and\n\n(b) the number of applications by the law enforcement agency for search and inspection warrants; and\n\n(c) the number of search and inspection warrants issued to the law enforcement agency; and\n\n(d) the number of search and inspection warrants executed by the law enforcement agency; and\n\n(e) the number of search and inspection warrants executed by the law enforcement agency which involved the use of force to enter premises; and\n\nS. 139A(2)(f) amended by Nos 68/2010 s. 29(6), 27/2016 s. 25, 55/2025 s. 7.\n\n(f) the number of document requests made by the law enforcement agency under a delegation by the Secretary in accordance with section 143A or by prescribed persons under section 120A, 120AB or 120AC.\n\n(3) The Minister must cause each report under subsections (1) and (2) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister.\n\n","sortOrder":314},{"sectionNumber":"140","sectionType":"section","heading":"Secrecy","content":"\t140 Secrecy\n\nS. 140(1) amended by No. 63/2003 s. 33(a).\n\n(1) Except as provided by this section and section 119A, a person who obtains information, or to whom information is communicated or given, under Part 13 must not make a record of it or directly or indirectly divulge or communicate it otherwise than—\n\n(a) with the consent of the person or body to whom the information relates; or\n\n(b) in the course of performing a duty under or in connection with this Act; or\n\n(c) in connection with the enforcement of the laws of the State.\n\n(2) A person who obtains information, or to whom information is communicated or given, under Part 13 may, or may be compelled to, divulge or communicate the information to a court if it is necessary to do so for the purpose of any legal proceedings arising out of this Act or any proceedings for the enforcement of the laws of the State but is otherwise not competent or compellable to give evidence in relation to that information.\n\nS. 140(3) repealed by No. 63/2003 s. 33(b).\n\n(4) The provisions of this section are additional to, and do not take away from, any other provision of this Act prohibiting or limiting the disclosure of information.\n\nNote to s. 140 inserted by No. 23/2017 s. 34.\n\nSee also Part 5A of the **Family Violence Protection Act 2008** in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.\n\n","sortOrder":315},{"sectionNumber":"141","sectionType":"section","heading":"Court may hear applications at same time","content":"\t141 Court may hear applications at same time\n\nS. 141(1) amended by No. 87/2004 s. 22(2)(t).\n\n(1) If an application for a civil forfeiture order, forfeiture order or pecuniary penalty order or a disposal order is made to a court before which a person was convicted of a Schedule 1 offence—\n\n(a) the application may be dealt with by that court; and\n\n(b) any function or power may be exercised and any duty may be performed by that court in relation to the civil forfeiture order, forfeiture order or pecuniary penalty order or disposal order—\n\nwhether or not that court is constituted in the same way as it was constituted when the person was convicted of the offence.\n\n(2) A court may hear and determine at the same time—\n\n(a) 2 or more applications under this Act; or\n\n(b) applications under this Act and the Proceeds of Crime Act 1987 of the Commonwealth.\n\nS. 141A inserted by No. 68/2010 s. 31.\n\n","sortOrder":316},{"sectionNumber":"141A","sectionType":"section","heading":"Arrangements to avoid operation of Act","content":"\t141A Arrangements to avoid operation of Act\n\n***scheme*** means—\n\n(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceeding; or\n\n(b) any plan, proposal, action, course of action or course of conduct.\n\n(2) The DPP may apply to the Supreme Court for an order under subsection (6).\n\n(3) The DPP must give written notice of the application to the person against whom the order is sought and any other person who the DPP considers has an interest in the property to which the scheme relates.\n\n(4) At any time before it determines the application, the Supreme Court may direct the DPP to give notice of the application to any person, in the manner and within the time, that the Supreme Court considers appropriate.\n\n(5) Any person who is given notice under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of a person does not prevent the Supreme Court from making an order under subsection (6).\n\n(6) On an application under subsection (2), if the Supreme Court is satisfied that a person is carrying out, or has carried out a scheme for the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Act, the Supreme Court may, in order to defeat that purpose, by order—\n\n(a) declare the scheme to be void in whole or in part; or\n\n(b) vary the operation of the scheme in whole or in part.\n\n(7) For the purposes of subsection (6), in determining whether a scheme is being carried out or was carried out for the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Act, it is irrelevant whether or not that purpose was the only or dominant purpose for the scheme, as long as it was a substantial purpose.\n\n(8) The Supreme Court may make any additional orders that it considers appropriate in the circumstances for or with respect to any consequential or related matter or for giving effect to any order of the court under this section, including orders relating to—\n\n(a) the disposition of property;\n\n(b) the payment of money;\n\n(c) the sale, disposal or other realisation of property and the disposal of the proceeds;\n\n(d) the creation of a charge on property in favour of any person and the enforcement of the charge created;\n\n(e) the rights of a person who acquired an interest in the property while the scheme was being carried out or afterwards and before the declaration was made.\n\n(9) The Supreme Court may rescind or vary an order made under this section.\n\n(10) The Supreme Court must ensure that any orders made under subsection (6), (8) or (9)—\n\n(a) constitute the minimum interference with a person's rights relating to property, home, family or children that is necessary in the circumstances to defeat the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Act; and\n\n(b) are reasonably related to the objects of this Act set out in section 3A.\n\n","sortOrder":317},{"sectionNumber":"142","sectionType":"section","heading":"Appeals","content":"\t142 Appeals\n\n(1) Without affecting any other right of appeal, a person who has an interest in property in respect of which—\n\n(a) a forfeiture order is made; or\n\nS. 142(1)(b) amended by Nos 43/1998  \ns. 34(1), 42/2007 s. 16(1), 55/2014 s. 46.\n\n(b) the Supreme Court or the County Court has made, or refused to make, an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1)—\n\nmay appeal against that order or refusal—\n\n(c) in the case of a person convicted of an offence in reliance on which the order was made—in the same manner as if the order were, or were part of, the sentence imposed in respect of the offence; or\n\n(d) in any other case—in the same manner as if the person had been convicted of the offence in reliance on which the order was made and the order were, or were part of, the sentence imposed in respect of the offence.\n\nS. 142(2) amended by No. 87/2004 s. 22(2)(u)(ii).\n\n(2) Without affecting any other right of appeal, a person who has an interest in property in respect of which—\n\n(a) a civil forfeiture order is made; or\n\nS. 142(2)(b) amended by Nos 87/2004 s. 22(2)(u)(i), 68/2010 s. 65(1).\n\n(b) the Supreme Court or the County Court has made, or refused to make, a civil forfeiture exclusion order—\n\nmay appeal against that order or refusal in the same manner as if the person had been convicted of the Schedule 2 offence in relation to which the order was made and the order were, or were part of, the sentence imposed in respect of the offence.\n\n(3) Without affecting any other right of appeal, a person against whom a pecuniary penalty order is made may appeal against that order in the same manner as if it were, or were part of, the sentence imposed in respect of the offence in relation to which the order was made.\n\nS. 142(4) amended by Nos 43/1998  \ns. 34(2), 42/2007 s. 16(2), 68/2010 s. 65(2), 55/2014 s. 46.\n\n(4) On appeal, a forfeiture order, a pecuniary penalty order, an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) or a refusal to make an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) may be confirmed, discharged or varied or the matter may be remitted for re‑hearing to the court which made the order, or refused to make the order, with or without any direction in law.\n\n(5) The DPP or a prescribed person or a person belonging to a prescribed class of persons may appeal to the Court of Appeal against—\n\nS. 142(5)(a) amended by No. 87/2004 s. 22(2)(v)(i).\n\n(a) a civil forfeiture order or against the refusal of the Supreme Court or the County Court to make a civil forfeiture order; or\n\nS. 142(5)(b) substituted by No. 68/2010 s. 65(3).\n\n(b) the making of a civil forfeiture exclusion order; or\n\nS. 142(5)(ba) inserted by No. 42/2007 s. 16(3), amended by Nos 68/2010 s. 65(4)(a), 55/2014 s. 46.\n\n(ba) the making of an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1)—\n\nS. 142(5)(c) amended by No. 87/2004 s. 22(2)(v)(ii), repealed by No. 68/2010 s. 65(4)(b).\n\nin the same manner as if the order or refusal were, or were part of, a sentence imposed in respect of the offence.\n\nS. 142(6) amended by Nos 87/2004 s. 22(2)(w), 68/2010 s. 65(5).\n\n(6) On appeal, a civil forfeiture order, a civil forfeiture exclusion order or a refusal to make a civil forfeiture exclusion order may be confirmed, discharged or varied or the matter may be remitted for re-hearing to the Supreme Court or the County Court, as the case may be, with or without any direction in law.\n\nNote to s. 142 inserted by No. 42/2007 s. 16(4).\n\nIn this section, references to any appeal being made in a manner as if it were, or were part of, a sentence imposed in respect of an offence are to enable the adoption of existing appeal procedures.\n\nIn the case of an order or refusal made in the Magistrates' Court, the requirements and procedures set out in Subdivision 1 of Division 4 of Part 4 of that Act and Schedule 6 to that Act, insofar as they are relevant, apply.\n\nIn the case of an order or refusal made in the County Court or the Supreme Court, the requirements and procedures set out in Part 6 of that Act and the relevant Rules of Court apply.\n\n","sortOrder":318},{"sectionNumber":"143","sectionType":"section","heading":"Provision of legal aid","content":"\t143 Provision of legal aid\n\n(1) If a court is satisfied at any time that—\n\nS. 143(1)(a) amended by Nos 68/2010 s. 66(a)(b), 79/2014 s. 41(1).\n\n(a) a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made in respect of property of a person and the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, is in force; and\n\nS. 143(1)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 17.2), 68/2010 s. 66(b), 79/2014 s. 41(1)(b).\n\n(b) the person is in need of legal assistance in respect of any legal proceeding, whether civil or criminal, and whether in respect of a charge to which the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the **Legal Aid Act 1978**) from unrestrained property or income of the person—\n\nthe court may order Victoria Legal Aid to provide legal assistance to the person, on any conditions specified by the court, and may adjourn the legal proceeding until such assistance has been provided.\n\n(2) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must provide legal assistance in accordance with an order made under subsection (1).\n\n(3) If—\n\n(a) a court makes an order under this section; and\n\n(b) a condition of the provision of legal assistance is that the cost or part of the cost, and any interest payable on the whole or the part of the cost, to Victoria Legal Aid of providing the assistance be secured by a charge over any land or any other property in which the person has an interest; and\n\n(c) an amount required to be paid to Victoria Legal Aid under such a condition is not paid; and\n\n(d) the person to whom legal assistance is provided is registered as the proprietor of an estate in fee simple, either solely or as a joint tenant or a tenant in common, in land under the **Transfer of Land Act 1958** or holds an estate in fee simple or an equity of redemption, either solely or as a joint tenant or a tenant in common, in land not under that Act—\n\nVictoria Legal Aid may secure the payment of any amount which has not been paid (including any unpaid interest) and any interest which may become due and unpaid on the whole or any part of that amount by taking out a charge over that land.\n\n(4) A charge taken out by Victoria Legal Aid is to be for the benefit of the Legal Aid Fund.\n\nS. 143(5) amended by No. 20/2015 s. 6.\n\n(5) Sections 47B, 47D and 47E of the **Legal Aid Act 1978** apply to a charge over land referred to in this section as if it were a charge to which section 47A(2) of that Act applies.\n\nS. 143(6) amended by Nos 43/1998  \nss 36(za), 39(h), 68/2010 s. 66(c), 79/2014 s. 41(2).\n\n(6) If an amount owed to Victoria Legal Aid under this section is not paid and Victoria Legal Aid is unable, by enforcing a charge to which subsection (3) applies or otherwise, to recover that amount, then the State must pay that amount to Victoria Legal Aid to the value of any property forfeited to the Minister or the amount of any penalty paid to the State (less conversion costs and any amount paid under section 31 or section 36ZB) in relation to the offence in reliance on which the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, was made and the Consolidated Fund is, to the necessary extent, appropriated accordingly.\n\nS. 143A inserted by No. 63/2003 s. 34.\n\n","sortOrder":319},{"sectionNumber":"143A","sectionType":"section","heading":"Delegation","content":"\t143A Delegation\n\nThe Secretary, by instrument, may delegate to any prescribed person any power or function of the Secretary under Division 6 of Part 13.\n\n","sortOrder":320},{"sectionNumber":"144","sectionType":"section","heading":"Operation of other laws not affected","content":"\t144 Operation of other laws not affected\n\nNothing in this Act limits or restricts the operation of any other law providing for the forfeiture of property.\n\nS. 144A inserted by No. 79/2006 s. 13.\n\n","sortOrder":321},{"sectionNumber":"144A","sectionType":"section","heading":"Validation","content":"\t144A Validation\n\n(1) A restraining order made on or before 26 September 2005 is not invalid only because it is directed to a named person and is deemed to have, and always to have had, effect according to its tenor.\n\n(2) Subsection (1) does not affect the rights of the parties in the proceeding known as *Director of Public Prosecutions (Vic.) v. Navarolli and Mokbel* (No. 1545 of 2005) in the Supreme Court of Victoria.\n\nS. 145 amended by No. 63/2003 s. 35 (ILA s. 39B(1)).\n\n","sortOrder":322},{"sectionNumber":"145","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t145 Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of sections 55(10), 56(6), 57(6), 106(3) and 119(7) to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 145(2) inserted by No. 63/2003 s. 35.\n\n(2) It is the intention of section 118L to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":323},{"sectionNumber":"146","sectionType":"section","heading":"Regulations","content":"\t146 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 146(2) substituted by No. 26/2024 s. 45.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person;\n\n(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person;\n\n(e) provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified;\n\n(f) apply, adopt or incorporate any matter contained in any document whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time; or\n\n(iii) as in force from time to time.\n\n","sortOrder":324},{"sectionNumber":"147","sectionType":"section","heading":"Rules of court","content":"\t147 Rules of court\n\nRules of court made by the authority having for the time being power to make rules regulating the practice and procedure of a court may include rules for or with respect to—\n\n(a) the joinder or severance of proceedings under this Act;\n\n(b) the manner of giving any notice required to be given by or under this Act;\n\n(c) the manner in which evidence of particular facts may be given in a proceeding under this Act.\n\nNew s. 148 inserted by No. 26/2024 s. 45A.\n\n","sortOrder":325},{"sectionNumber":"148","sectionType":"section","heading":"Review of introduction of new unexplained wealth pathway by Confiscation Amendment (Unexplained Wealth) Act 2024","content":"\t148 Review of introduction of new unexplained wealth pathway by Confiscation Amendment (Unexplained Wealth) Act 2024\n\n(1) The Attorney-General must cause a review to be conducted of the operation of Division 1A of Part 4A of this Act and any provisions of this Act that support the operation of that Division.\n\n(2) The review must be commenced no later than 3 years after the commencement of section 24 of the **Confiscation Amendment (Unexplained Wealth) Act 2024**.\n\n(3) The review must be completed no later than 12 months after it commences.\n\n(4) The Attorney-General must cause a copy of the review to be laid before each House of Parliament as soon as practicable after receiving it.\n\nPt 17 (Heading and ss 148, 149) repealed by No. 29/2011 s. 3(Sch. 1 item 15).\n\n","sortOrder":326},{"sectionNumber":"Part 18","sectionType":"part","heading":"Consequential amendments and transitional provisions","content":"Part 18—Consequential amendments and transitional provisions\n\nSs 150–154 repealed by No. 29/2011 s. 3(Sch. 1 item 15).\n\nS. 155 substituted by No. 43/1998 s. 35, repealed by No. 29/2011 s. 3(Sch. 1 item 15).\n\nS. 156 repealed by No. 29/2011 s. 3(Sch. 1 item 15).\n\nS. 157 (Heading) inserted by No. 68/2010 s. 67(1).\n\n","sortOrder":327},{"sectionNumber":"157","sectionType":"section","heading":"Transitional provisions—Enactment of Confiscation Act 1997","content":"\t157 Transitional provisions—Enactment of Confiscation Act 1997\n\nS. 157(1) amended by No. 43/1998  \ns. 37.\n\n(1) Subject to subsections (2) and (4), this Act applies with respect to forfeiture offences (other than civil forfeiture offences for the purposes of civil forfeiture) and interstate offences for which a criminal proceeding is commenced, or is to be commenced, after the commencement of Part 2, irrespective of when the offence to which the proceeding relates is alleged to have been committed.\n\n(2) This Act applies with respect to civil forfeiture offences for the purposes of civil forfeiture only if they are alleged to have been committed after the commencement of Part 4.\n\n(3) For the purposes of subsection (2), if an offence is alleged to have been committed between two dates and Part 4 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Part.\n\n(4) Part 10 applies with respect to forfeiture offences of which a person is convicted after the commencement of that Part, irrespective of when the offence is alleged to have been committed.\n\nS. 157(4A) inserted by No. 80/1998  \ns. 5(1).\n\n(4A) The **Crimes (Confiscation of Profits) Act 1986** continues to apply, despite its repeal, with respect to serious offences and interstate serious offences within the meaning of that Act for which a criminal proceeding was commenced before the commencement of Part 2 of this Act (irrespective of whether any conviction of that offence for the purposes of that Act occurs before or after the commencement of that Part) as if that Act had not been repealed.\n\nS. 157(4B) inserted by No. 80/1998  \ns. 5(1).\n\n(4B) Without limiting subsection (4A)—\n\n(a) any application, appeal or order may be made, direction given, warrant issued or other thing done under the **Crimes (Confiscation of Profits) Act 1986** that could have been made, given, issued or done under that Act had it not been repealed; and\n\n(b) anything made, given, issued or done under that Act after its repeal by virtue of this section has the like effect as it would have had if that Act had not been repealed.\n\n(5) The repeal by this Act of a provision of the **Crimes (Confiscation of Profits) Act 1986** does not affect any application made to a court under that provision before its repeal and that application may continue to be dealt with and determined, or may be withdrawn, as if this Act had not been passed.\n\n(6) The repeal by this Act of a provision of the **Crimes (Confiscation of Profits) Act 1986** does not affect any order made by a court (or any order that by force of that Act is to be taken to be an order made by a court) under that provision before its repeal, or after its repeal on an application to which subsection (5) applies, and that order continues to have effect and may be varied, discharged, set aside or appealed against under that Act as if this Act had not been passed.\n\n(7) The repeal by this Act of a provision of the **Crimes (Confiscation of Profits) Act 1986** does not affect any warrant issued, or any interstate forfeiture order or interstate restraining order registered, under that provision before its repeal, or after its repeal on an application to which subsection (5) applies, and that warrant may be executed, or the registration of that order cancelled, under that Act as if this Act had not been passed.\n\n(8) The repeal by this Act of section 15A of the **Crimes (Confiscation of Profits) Act 1986** does not affect the existence of the Crime Prevention and Victims' Aid Fund in the Public Account and all money standing to the credit of the Fund immediately before that repeal remains in the Fund and may be dealt with in accordance with this Act.\n\n(9) All money realised after the commencement of section 150(2) under a confiscation order made under the **Crimes (Confiscation of Profits) Act 1986** that, if that section had not come into operation, would have been paid into the Crime Prevention and Victims' Aid Fund or the Drug Rehabilitation and Research Fund under section 125 or 126 of the **Drugs, Poisons and Controlled Substances Act 1981** must be paid into that Fund.\n\nS. 157(10) repealed by No. 10/2007 s. 5.\n\nS. 157(10A) inserted by No. 44/1999 s. 33(1).\n\n(10A) Item 18 of Schedule 1 to this Act (as inserted in that Schedule by section 33(2) of the **Prostitution Control (Amendment) Act 1999**) applies with respect to offences against section 123 of this Act of which a person is convicted after the commencement of section 33(2) of that Act, irrespective of when the offence is alleged to have been committed.\n\n(11) The provisions of this section are in addition to, and not in derogation from, the provisions of the **Interpretation of Legislation Act 1984**.\n\nS. 157(12) inserted by No. 80/1998  \ns. 5(2).\n\n(12) A reference in this section to the **Crimes (Confiscation of Profits) Act 1986** is a reference to that Act as in force immediately before its repeal.\n\nS. 157(13) inserted by No. 80/1998  \ns. 5(2).\n\n(13) The amendments made to this section by section 5 of the **Crimes, Confiscation and Evidence Acts (Amendment) Act 1998** do not affect the rights of the parties that were the subject of the proceeding known as *Martin v Cooper and Martin* heard in the Magistrates' Court at Melbourne and determined on 7 October 1998.\n\nS. 157(14) inserted by No. 68/2010 s. 67(2).\n\n(14) In this section, a reference to Part 4 does not include Part 4 as substituted by section 49 of the **Confiscation Amendment Act 2010**.\n\nS. 158 inserted by No. 63/2003 s. 42.\n\n","sortOrder":328},{"sectionNumber":"158","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—definition of *tainted property* transitional provision","content":"\t158 Confiscation (Amendment) Act 2003—definition of *tainted property* transitional provision\n\nThe definition of ***tainted property*** as amended by section 4(5) of the **Confiscation (Amendment) Act 2003**, in so far as it relates to an offence under section 122 or 123(1), applies only with respect to an offence under section 122 or 123(1) of which a person is convicted after the commencement of section 4(5) of that Act.\n\nS. 159 inserted by No. 63/2003 s. 42.\n\n","sortOrder":329},{"sectionNumber":"159","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—declaration of property interests transitional provision","content":"\t159 Confiscation (Amendment) Act 2003—declaration of property interests transitional provision\n\nSections 19A to 19E apply only in relation to property in respect of which a restraining order is made after the commencement of section 8 of the **Confiscation (Amendment) Act 2003**.\n\nS. 160 inserted by No. 63/2003 s. 42.\n\n","sortOrder":330},{"sectionNumber":"160","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—freezing orders transitional provision","content":"\t160 Confiscation (Amendment) Act 2003—freezing orders transitional provision\n\nPart 2A applies with respect to any forfeiture offence, automatic forfeiture offence or civil forfeiture offence irrespective of when the offence is alleged to have been committed.\n\nS. 161 inserted by No. 63/2003 s. 42.\n\n","sortOrder":331},{"sectionNumber":"161","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions","content":"\t161 Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions\n\n(1) Division 1A of Part 3 applies with respect to forfeiture offences only if they are alleged to have been committed after the commencement of section 12 of the **Confiscation (Amendment) Act 2003**.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and section 12 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 162 inserted by No. 63/2003 s. 42.\n\n","sortOrder":332},{"sectionNumber":"162","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—disposal orders transitional provision","content":"\t162 Confiscation (Amendment) Act 2003—disposal orders transitional provision\n\nPart 10, as amended by sections 16 and 17 of the **Confiscation (Amendment) Act 2003**, applies with respect to any forfeiture offence of which a person is convicted after the commencement of those sections, irrespective of when the offence is alleged to have been committed.\n\nS. 163 inserted by No. 63/2003 s. 42.\n\n","sortOrder":333},{"sectionNumber":"163","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision","content":"\t163 Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision\n\nSections 95A to 95E apply to any property seized under a warrant issued under section 465 of the **Crimes Act 1958** or section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**, irrespective of when the warrant was executed.\n\nS. 164 inserted by No. 63/2003 s. 42.\n\n","sortOrder":334},{"sectionNumber":"164","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—examination orders transitional provision","content":"\t164 Confiscation (Amendment) Act 2003—examination orders transitional provision\n\nSection 98(2), as substituted by section 28 of the **Confiscation (Amendment) Act 2003**, applies only in relation to examination orders for which an application was made after the commencement of section 28 of that Act.\n\nS. 165 inserted by No. 63/2003 s. 42.\n\n","sortOrder":335},{"sectionNumber":"165","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—document requests transitional provisions","content":"\t165 Confiscation (Amendment) Act 2003—document requests transitional provisions\n\n(1) Division 6 of Part 13 applies in relation to property in respect of which a restraining order was made, irrespective of when the restraining order was made.\n\n(2) Division 6 of Part 13 applies in relation to property seized under a warrant issued under this Act, section 465 of the **Crimes Act 1958** or section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**, irrespective of when the warrant was executed.\n\nS. 166 inserted by No. 63/2003 s. 42.\n\n","sortOrder":336},{"sectionNumber":"166","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions","content":"\t166 Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions\n\n(1) Items 5A and 13A of Schedule 1 apply only with respect to an offence alleged to have been committed after the commencement of section  36 of the **Confiscation (Amendment) Act 2003**.\n\n(2) Despite the substitution of item 7(j) of Schedule 1 by section 36 of the **Confiscation (Amendment) Act 2003**, item 7(j), as in force immediately before the commencement of that section, continues to apply in respect of an offence referred to in item 7(j) (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section.\n\n(3) Item 7 of Schedule 1, as amended by section 36 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 36 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 167 inserted by No. 63/2003 s. 42.\n\n","sortOrder":337},{"sectionNumber":"167","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 2—drug trafficking offences transitional provisions","content":"\t167 Confiscation (Amendment) Act 2003—Schedule 2—drug trafficking offences transitional provisions\n\n(1) Item 1 of Schedule 2, as amended by section 37 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and section 37 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 168 inserted by No. 63/2003 s. 42.\n\n","sortOrder":338},{"sectionNumber":"168","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions","content":"\t168 Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions\n\n(1) Despite the substitution of item 2 of Schedule 2 by section 38 of the **Confiscation (Amendment) Act 2003**, item 2, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 2 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section.\n\n(2) Item 2 of Schedule 2, as amended by section 38 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(3) Items 2A, 2B and 2C of Schedule 2 apply only with respect to an offence alleged to have been committed after the commencement of section 38 of the **Confiscation (Amendment) Act 2003**.\n\n(4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 38 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 169 inserted by No. 63/2003 s. 42.\n\n","sortOrder":339},{"sectionNumber":"169","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 2—money laundering transitional provisions","content":"\t169 Confiscation (Amendment) Act 2003—Schedule 2—money laundering transitional provisions\n\n(1) Despite the amendment of item 3 of Schedule 2 by section 39 of the **Confiscation (Amendment) Act 2003**, item 3, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 3 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section.\n\n(2) Item 3 of Schedule 2, as amended by section 39 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(3) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 39 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 170 inserted by No. 63/2003 s. 42.\n\n","sortOrder":340},{"sectionNumber":"170","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 2—attempts transitional provisions","content":"\t170 Confiscation (Amendment) Act 2003—Schedule 2—attempts transitional provisions\n\n(1) Despite the amendment of item 5 of Schedule 2 by section 40 of the **Confiscation (Amendment) Act 2003**, item 5, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 5 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section.\n\n(2) Item 5 of Schedule 2, as amended by section 40 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(3) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 40 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 171 inserted by No. 63/2003 s. 42.\n\n","sortOrder":341},{"sectionNumber":"171","sectionType":"section","heading":"Confiscation (Amendment) Act 2003—Schedule 2—common law offences transitional provisions","content":"\t171 Confiscation (Amendment) Act 2003—Schedule 2—common law offences transitional provisions\n\n(1) Despite the substitution of item 7 of Schedule 2 by section 41 of the **Confiscation (Amendment) Act 2003**, item 7, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 7 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section.\n\n(2) Item 7 of Schedule 2, as amended by section 41 of the **Confiscation (Amendment) Act 2003**, applies only with respect to an offence alleged to have been committed after the commencement of that section.\n\n(3) Items 8 and 9 of Schedule 2 apply only with respect to an offence alleged to have been committed after the commencement of section 41 of the **Confiscation (Amendment) Act 2003**.\n\n(4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 41 of the **Confiscation (Amendment) Act 2003** commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section.\n\nS. 172 inserted by No. 63/2003 s. 42.\n\n","sortOrder":342},{"sectionNumber":"172","sectionType":"section","heading":"Interpretation of Legislation Act 1984","content":"\t172 Interpretation of Legislation Act 1984\n\nThe provisions of sections 158 to 171 are in addition to, and not in derogation from, the provisions of the **Interpretation of Legislation Act 1984**.\n\nS. 173 inserted by No. 104/2003 s. 6.\n\n","sortOrder":343},{"sectionNumber":"173","sectionType":"section","heading":"Transitional—Crimes (Money Laundering) Act 2003","content":"\t173 Transitional—Crimes (Money Laundering) Act 2003\n\n(1) The definition of ***tainted property*** in section 3 of this Act as amended by section 5(3) of the **Crimes (Money Laundering) Act 2003**, in so far as it relates to an offence under section 194, 195 or 195A of the **Crimes Act 1958**, applies only with respect to offences alleged to have been committed on or after the commencement of section 5(3) of the **Crimes (Money Laundering) Act 2003**.\n\n(2) The amendment of section 31M of this Act made by section 5(5) of the **Crimes (Money Laundering) Act 2003** applies only to freezing orders notice of which is given to a financial institution on or after the commencement of section 5(5) of that Act.\n\n(3) The amendment of section 116(4) of this Act made by section 5(6) of the **Crimes (Money Laundering) Act 2003** applies only to monitoring orders notice of which is given to a financial institution on or after the commencement of section 5(6) of that Act.\n\n(4) The amendment of section 118M of this Act made by section 5(8) of the **Crimes (Money Laundering) Act 2003** applies only to an information notice given to a financial institution on or after the commencement of section 5(8) of that Act.\n\n(5) Item 18 of Schedule 1 and item 3 of Schedule 2 continue to apply in respect of any offence referred to in the item which is alleged to have been committed before the commencement of section 5(1) of the **Crimes (Money Laundering) Act 2003**.\n\n(6) For the purposes of this section, if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 5(1) of the **Crimes (Money Laundering) Act 2003**, the offence is alleged to have been committed before that commencement.\n\nS. 174 inserted by No. 87/2004 s. 23.\n\n","sortOrder":344},{"sectionNumber":"174","sectionType":"section","heading":"Transitional—Major Crime Legislation (Seizure of Assets) Act 2004","content":"\t174 Transitional—Major Crime Legislation (Seizure of Assets) Act 2004\n\nThis Act as amended by the **Major Crime Legislation (Seizure of Assets) Act 2004** applies to an application for an order under this Act made on or after the commencement of the **Major Crime Legislation (Seizure of Assets) Act 2004**, irrespective of when the offence to which the application relates is alleged or suspected to have been committed.\n\nS. 175 inserted by No. 79/2006 s. 14.\n\n","sortOrder":345},{"sectionNumber":"175","sectionType":"section","heading":"Transitional—Justice Legislation (Further Amendment) Act 2006","content":"\t175 Transitional—Justice Legislation (Further Amendment) Act 2006\n\n(1) Section 17 as amended by section 10 of the **Justice Legislation (Further Amendment) Act 2006** applies to an application for a restraining order made on or after the commencement of section 10 of that Act.\n\n(2) Section 53 as amended by section 11 of the **Justice Legislation (Further Amendment) Act 2006** applies to an application made on or after the commencement of section 11 of that Act.\n\n(3) Section 78 as amended by section 12 of the **Justice Legislation (Further Amendment) Act 2006** applies to a disposal order made on or after the commencement of section 12 of that Act.\n\nS. 176 inserted by No. 42/2007 s. 17.\n\n","sortOrder":346},{"sectionNumber":"176","sectionType":"section","heading":"Validation of certain exclusion orders—Confiscation Amendment Act 2007","content":"\t176 Validation of certain exclusion orders—Confiscation Amendment Act 2007\n\n(1) An exclusion order made, or purported to be made, under section 21 and in force, or purportedly in force, immediately before the commencement of section 5(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 21 as amended by section 5(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 21 as amended by section 5(1) of that Act had been in operation at that time.\n\n(2) An exclusion order made, or purported to be made, under section 22 and in force, or purportedly in force, immediately before the commencement of section 6(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 22 as amended by section 6(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 22 as amended by section 6(1) of that Act had been in operation at that time.\n\n(3) An exclusion order made, or purported to be made, under section 24 and in force, or purportedly in force, immediately before the commencement of section 8(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 24 as amended by section 8(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 24 as amended by section 8(1) of that Act had been in operation at that time.\n\n(4) An exclusion order made, or purported to be made, under section 50(1) and in force, or purportedly in force, immediately before the commencement of section 10(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 50(1) as amended by section 10(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 50(1) as amended by section 10(1) of that Act had been in operation at that time.\n\n(5) An exclusion order made, or purported to be made, under section 52(1) and in force, or purportedly in force, immediately before the commencement of section 11(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 52(1) as amended by section 11(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 52(1) as amended by section 11(1) of that Act had been in operation at that time.\n\n(6) An exclusion order made, or purported to be made, under section 54(1) and in force, or purportedly in force, immediately before the commencement of section 12(1) of the **Confiscation Amendment Act 2007** that would have been validly made if section 54(1) as amended by section 12(1) of that Act had been in operation at the time the relevant order was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had if section 54(1) as amended by section 12(1) of that Act had been in operation at that time.\n\n(7) Nothing in this section affects the rights of the parties in the proceeding known as *Director of Public Prosecutions v. Phan Thi Le* (No. 3723 of 2006) in the Supreme Court of Victoria, Court of Appeal.\n\nS. 177 inserted by No. 42/2007 s. 17.\n\n","sortOrder":347},{"sectionNumber":"177","sectionType":"section","heading":"Existing applications for exclusion orders—Confiscation Amendment Act 2007","content":"\t177 Existing applications for exclusion orders—Confiscation Amendment Act 2007\n\n(1) Despite section 14 of the **Interpretation of Legislation Act 1984**, any application for an exclusion order made before, on or after 15 February 2007 but not determined before the commencement of the **Confiscation Amendment Act 2007** is to be determined—\n\n(a) in the case of an application for an exclusion order to be made under section 21, as if section 21 as amended by section 5(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made; and\n\n(b) in the case of an application for an exclusion order to be made under section 22, as if section 22 as amended by section 6(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made; and\n\n(c) in the case of an application for an exclusion order to be made under section 24, as if section 24 as amended by section 8(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made; and\n\n(d) in the case of an application for an exclusion order to be made under section 50, as if section 50 as amended by section 10(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made; and\n\n(e) in the case of an application for an exclusion order to be made under section 52, as if section 52 as amended by section 11(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made; and\n\n(f) in the case of an application for an exclusion order to be made under section 54, as if section 54 as amended by section 12(1) of the **Confiscation Amendment Act 2007** had been in operation at the time the application was made.\n\n(2) Nothing in this section affects the rights of the parties in the proceeding known as *Director of Public Prosecutions v. Phan Thi Le* (No. 3723 of 2006) in the Supreme Court of Victoria, Court of Appeal.\n\nS. 178 inserted by No. 42/2007 s. 17.\n\n","sortOrder":348},{"sectionNumber":"178","sectionType":"section","heading":"Sufficient consideration—Confiscation Amendment Act 2007","content":"\t178 Sufficient consideration—Confiscation Amendment Act 2007\n\n(1) The definition of ***sufficient consideration***, as inserted by section 4(3) of the **Confiscation Amendment Act 2007**, applies in respect of an application under section 20, 49, 51 or 53 (as the case requires) made on or after the commencement of section 4(3) of that Act, irrespective of when the offence to which the application relates is alleged or suspected to have been committed.\n\n(2) Nothing in this section affects the rights of the parties in the proceeding known as *Director of Public Prosecutions v. Phan Thi Le* (No. 3723 of 2006) in the Supreme Court of Victoria, Court of Appeal.\n\nS. 179 inserted by No. 68/2010 s. 68.\n\n","sortOrder":349},{"sectionNumber":"179","sectionType":"section","heading":"Transitional—Confiscation Amendment Act 2010","content":"\t179 Transitional—Confiscation Amendment Act 2010\n\n(1) Section 3A as inserted by section 5 of the **Confiscation Amendment Act 2010** applies to—\n\n(a) a proceeding commenced on or after the commencement of section 5 of that Act; and\n\n(b) a proceeding commenced before the commencement of section 5 of that Act that has not been determined before that commencement.\n\n(2) Section 16 as amended by section 7 of the **Confiscation Amendment Act 2010** applies to an application under section 16 that is made on or after the commencement of section 7 of that Act.\n\n(3) Section 19B as amended by section 8 of the **Confiscation Amendment Act 2010** applies to any notice issued under section 19A on or after the commencement of section 8 of that Act irrespective of when the restraining order is made.\n\n(4) Section 27 as amended by section 15 of the **Confiscation Amendment Act 2010** applies to a restraining order, irrespective of when the order was made.\n\n(5) Section 31H(2)(b) as amended by section 16 of the **Confiscation Amendment Act 2010** applies to a freezing order made on or after the commencement of section 16 of that Act.\n\n(6) Division 3 of Part 3 as inserted by section 19 of the **Confiscation Amendment Act 2010** applies with respect to Schedule 2 offences only if they are alleged to have been committed on or after the commencement of section 19 of that Act.\n\n(7) For the purposes of subsection (6), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 19 of the **Confiscation Amendment Act 2010**, the offence is alleged to have been committed before that commencement.\n\n(8) Section 62 as amended by section 20 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 20 of that Act.\n\n(9) Section 69A as inserted by section 22 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 22 of that Act.\n\n(10) Section 74 as amended by section 23 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 23 of that Act.\n\n(11) Section 118E as amended by section 25 of the **Confiscation Amendment Act 2010** applies in relation to—\n\n(a) property in respect of which a restraining order (including a restraining order made for the purposes of civil forfeiture before the repeal of section 15(1)(c) by section 40 of the **Confiscation Amendment Act 2010**) or a civil forfeiture restraining order is in force on or after the commencement of section 25 of that Act, irrespective of when the order was made; and\n\n(b) property that is or has been forfeited under this Act, irrespective of when the forfeiture occurs.\n\n(12) Section 118G as amended by section 26 of the **Confiscation Amendment Act 2010** applies to information notices issued on or after the commencement of section 26 of that Act.\n\n(13) Section 118H as amended by section 27 of the **Confiscation Amendment Act 2010** applies to information notices issued on or after the commencement of section 27 of that Act.\n\n(14) Section 119 as amended by section 28(3) of the **Confiscation Amendment Act 2010** applies irrespective of whether the information was communicated to the AUSTRAC CEO before, on or after the commencement of section 28(3) of that Act.\n\n(15) Section 120A as amended by section 29 of the **Confiscation Amendment Act 2010** applies in relation to—\n\n(a) property in respect of which a restraining order (including a restraining order made for the purposes of civil forfeiture before the repeal of section 15(1)(c) by section 40 of the **Confiscation Amendment Act 2010**) or a civil forfeiture restraining order is in force on or after the commencement of section 29 of that Act, irrespective of when that was made; and\n\n(b) property that is or has been forfeited under this Act, irrespective of when the forfeiture occurs.\n\n(16) Sections 133 and 133A as amended by section 30 of the **Confiscation Amendment Act 2010** apply to a proceeding on an application under this Act, where the application is made on or after the commencement of section 30 of that Act.\n\n(17) Section 141A as inserted by section 31 of the **Confiscation Amendment Act 2010** applies to a scheme entered into on or after the commencement of section 31 of that Act.\n\n(18) Schedule 2 as amended by section 32(1) of the **Confiscation Amendment Act 2010** applies to an offence alleged to have been committed on or after the commencement of section 32(1) of that Act.\n\n(19) Schedule 2 as amended by section 32(2) of the **Confiscation Amendment Act 2010** applies to an offence alleged to have been committed on or after the commencement of section 32(2) of that Act.\n\n(20) For the purposes of subsections (18) and (19), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 32(1) or 32(2) (as the case requires) of the **Confiscation Amendment Act 2010**, the offence is alleged to have been committed before that commencement.\n\nS. 180 inserted by No. 68/2010 s. 68.\n\n","sortOrder":350},{"sectionNumber":"180","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t180 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Confiscation Amendment Act 2010**, including the repeals and amendments made by that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the date that the **Confiscation Amendment Act 2010** receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or specified class of persons; and\n\n(d) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in any Act (other than the **Confiscation Amendment Act 2010** or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\nS. 181 inserted by No. 68/2010 s. 69.\n\n","sortOrder":351},{"sectionNumber":"181","sectionType":"section","heading":"Confiscation Amendment Act 2010—proceedings for civil forfeiture generally","content":"\t181 Confiscation Amendment Act 2010—proceedings for civil forfeiture generally\n\n(1) In this section ***old civil forfeiture matter*** means—\n\n(a) an application under any of the following sections made but not determined before the commencement of Part 3 of the **Confiscation Amendment Act 2010**—\n\n(i) section 16(2)(a) for a restraining order for the purposes of section 15(1)(c) as in force immediately before its repeal;\n\n(ii) section 20 for an exclusion order under section 24 as in force immediately before its repeal;\n\n(iii) section 37 (as in force immediately before its substitution by section 49 of that Act) for a civil forfeiture order;\n\n(iv) section 53 for an exclusion order under section 54 as in force immediately before its repeal;\n\n(v) section 55 as in force immediately before its amendment by section 52 of that Act;\n\n(b) any of the following orders made and in force immediately before the commencement of Part 3 of the **Confiscation Amendment Act 2010**—\n\n(i) a restraining order for the purposes of civil forfeiture made under section 18(2) as in force immediately before its repeal;\n\n(ii) an exclusion order under section 24 as in force immediately before its repeal;\n\n(iii) any further order made under section 26 in relation to property restrained for the purposes of civil forfeiture immediately before that commencement;\n\n(iv) an order under section 27(4) (as in force immediately before its amendment by section 45(2) of that Act) in relation to a restraining order for the purposes of civil forfeiture;\n\n(v) an order for civil forfeiture under section 38 (as in force immediately before its substitution by section 49 of that Act);\n\n(vi) an exclusion order under section 54(1) as in force immediately before its repeal;\n\n(vii) an order under section 54(2) as in force immediately before its repeal;\n\n(c) any refusal to make a civil forfeiture order under section 38 (as in force immediately before its substitution by section 49 of that Act);\n\n(d) any refusal to make an exclusion order under section 24 or 54(1) as in force immediately before their repeal;\n\n(e) any refusal to make an order under section 54(2) as in force immediately before its repeal.\n\n(2) Despite the commencement of Part 3 of the **Confiscation Amendment Act 2010**, this Act, as in force immediately before that commencement, continues to apply in respect of any old civil forfeiture matter as if Part 3 of the **Confiscation Amendment Act 2010** had not been enacted.\n\n(3) Part 4 as substituted by section 49 of the **Confiscation Amendment Act 2010** applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 49 of that Act irrespective of whether the property to which the proceeding relates is or was reasonably suspected of being tainted property in relation to a Schedule 2 offence before, on or after that commencement.\n\nS. 182 inserted by No. 68/2010 s. 69.\n\n","sortOrder":352},{"sectionNumber":"182","sectionType":"section","heading":"Confiscation Amendment Act 2010—*tainted property* and *derived property*","content":"\t182 Confiscation Amendment Act 2010—*tainted property* and *derived property*\n\n(1) The definition of ***derived property*** as substituted by section 35(4) of the **Confiscation Amendment Act 2010** applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 35(4) of that Act irrespective of whether the Schedule 2 offence to which the property relates was committed before, on or after that commencement.\n\n(2) If a proceeding for civil forfeiture has commenced before commencement of section 35(4) of the **Confiscation Amendment Act 2010**, the definition of ***derived property***, as in force immediately before the commencement of section 35(4) of that Act, continues to apply as if that definition had not been substituted by that section.\n\n(3) The definition of ***tainted property*** as substituted by section 35(5) of the **Confiscation Amendment Act 2010** applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 35(5) of that Act irrespective of whether the Schedule 2 offence to which the property relates was committed before, on or after that commencement.\n\n(4) If a proceeding for civil forfeiture has commenced before commencement of section 35(5) of the **Confiscation Amendment Act 2010**, the definition of ***tainted property***, as in force immediately before the commencement of section 35(5) of that Act, continues to apply as if that definition had not been substituted by that section.\n\nS. 183 inserted by No. 68/2010 s. 69.\n\n","sortOrder":353},{"sectionNumber":"183","sectionType":"section","heading":"Confiscation Amendment Act 2010—freezing orders","content":"\t183 Confiscation Amendment Act 2010—freezing orders\n\n(1) An application for a freezing order under section 31D(1A) as inserted by section 46 of the **Confiscation Amendment Act 2010** may be made on or after the commencement of section 46 of that Act irrespective of whether the Schedule 2 offence to which the property relates was committed before, on or after that commencement.\n\n(2) On and from the commencement of Part 3 of the **Confiscation Amendment Act 2010** an application for a civil forfeiture restraining order may be made in relation to money in an account which is subject to a freezing order made and in force immediately before the commencement of that Part.\n\n(3) Any pending application for a freezing order made but not determined before the commencement of Part 3 of the **Confiscation Amendment Act 2010** is to be determined under this Act as in force immediately before that commencement.\n\nS. 184 inserted by No. 68/2010 s. 69.\n\n","sortOrder":354},{"sectionNumber":"184","sectionType":"section","heading":"Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984","content":"\t184 Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984\n\nSections 181 to 183 are in addition to, and not in derogation from, the provisions of the **Interpretation of Legislation Act 1984**.\n\nS. 185 inserted by No. 73/2011 s. 18.\n\n","sortOrder":355},{"sectionNumber":"185","sectionType":"section","heading":"Sex Work and Other Acts Amendment Act 2011—Schedule 1 offences transitional provision","content":"\t185 Sex Work and Other Acts Amendment Act 2011—Schedule 1 offences transitional provision\n\n(1) Clause 17 of Schedule 1, as substituted by section 16 of the **Sex Work and Other Acts Amendment Act 2011**, applies to an offence alleged to have been committed on or after the commencement of section 16 of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 16 of the **Sex Work and Other Acts Amendment Act 2011**, the offence is alleged to have been committed before that commencement.\n\nS. 186 inserted by No. 73/2011 s. 18.\n\n","sortOrder":356},{"sectionNumber":"186","sectionType":"section","heading":"Sex Work and Other Acts Amendment Act 2011—Schedule 2 offences transitional provision","content":"\t186 Sex Work and Other Acts Amendment Act 2011—Schedule 2 offences transitional provision\n\nS. 186(1) amended by No. 77/2013 s. 14.\n\n(1) Clause 2(ba), (bb), (bc) and (bd) of Schedule 2, as inserted by section 17 of the **Sex Work and Other Acts Amendment Act 2011**, apply to an offence alleged to have been committed on or after the commencement of section 17 of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 17 of the **Sex Work and Other Acts Amendment Act 2011**, the offence is alleged to have been committed before that commencement.\n\nS. 187 inserted by No. 82/2012 s. 157.\n\n","sortOrder":357},{"sectionNumber":"187","sectionType":"section","heading":"Transitional—Independent Broad-based Anti-corruption Commission Act 2011","content":"\t187 Transitional—Independent Broad-based Anti-corruption Commission Act 2011\n\n(1) Any application made by the Director that has not been determined before the commencement day is taken, on and from the commencement day, to be an application made by the IBAC Commissioner.\n\n(2) Any monitoring order in force immediately before the commencement day that specifies the Office of Police Integrity as the law enforcement agency to which the information is to be given continues in force, on and from the commencement day, and is taken to specify that the law enforcement agency to which the information is to be given is the IBAC within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n***commencement day*** means the day on which section 16 of the **Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012** comes into operation;\n\n***Director*** means the Director, Police Integrity under section 7 of the **Police Integrity Act 2008** as in force immediately before its repeal;\n\n***IBAC Commissioner*** means the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 188 inserted by No. 55/2014 s. 47.\n\n","sortOrder":358},{"sectionNumber":"188","sectionType":"section","heading":"Transitional—Criminal Organisations Control and Other Acts Amendment Act 2014","content":"\t188 Transitional—Criminal Organisations Control and Other Acts Amendment Act 2014\n\n(1) An application under section 16(2A) for a serious drug offence restraining order may only be made in relation to a serious drug offence that is committed, or alleged to have been committed, after the commencement of section 20 of the **Criminal Organisations Control and Other Acts Amendment Act 2014**.\n\n(2) For the purposes of subsection (1), if an offence is committed, or alleged to have been committed, between two dates and section 20 of the **Criminal Organisations Control and Other Acts Amendment Act 2014** commences on a date between those two dates, the offence is taken to have been committed, or alleged to have been committed, before the commencement of that section.\n\nS. 189 inserted by No. 79/2014 s. 42.\n\n","sortOrder":359},{"sectionNumber":"189","sectionType":"section","heading":"Transitional—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014","content":"\t189 Transitional—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014\n\n(1) An application under section 40F for an unexplained wealth restraining order may be made in relation to serious criminal activity whether that activity occurred before or after the commencement of section 16 of the **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014**.\n\n(2) An application under section 40F for an unexplained wealth restraining order may be made on the basis that property has not been lawfully acquired whether that property was acquired before or after the commencement of section 16 of the **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014**.\n\nS. 190 inserted by No. 27/2016 s. 26.\n\n","sortOrder":360},{"sectionNumber":"190","sectionType":"section","heading":"Transitional—Confiscation and Other Matters Amendment Act 2016","content":"\t190 Transitional—Confiscation and Other Matters Amendment Act 2016\n\n***the 2016 Act*** means the **Confiscation and Other Matters Amendment Act 2016**;\n\n***amended provision relating to property obtained with a loan*** means—\n\n(a) the definition of ***tainted property*** in section 3(1) as amended by section 4(1) of the 2016 Act; or\n\n(b) section 7A as amended by section 5(3) of the 2016 Act; or\n\n(c) section 7B as amended by section 6 of the 2016 Act; or\n\n(d) section 40G(1) as amended by section 14 of the 2016 Act—\n\nand as construed by reference to the definition of ***partly discharged*** as inserted by section 4(2) of the 2016 Act;\n\n***relevant section of the 2016 Act***, in relation to an amended provision relating to property obtained with a loan, means the section of the 2016 Act that amended that provision.\n\n(2) An amended provision relating to property obtained with a loan applies with respect to any proceeding under this Act commenced before, on or after the date on which the relevant section of the 2016 Act comes into operation irrespective of—\n\n(a) when the property to which the amended provision applies was purchased; or\n\n(b) when the mortgage, lien, charge, security or other encumbrance to which that property is, or has been, subject was wholly or partly discharged.\n\nS. 191 inserted by No. 47/2016 s. 36.\n\n","sortOrder":361},{"sectionNumber":"191","sectionType":"section","heading":"Transitional provision—Crimes Amendment (Sexual Offences) Act 2016","content":"\t191 Transitional provision—Crimes Amendment (Sexual Offences) Act 2016\n\n(1) Despite the amendment of section 7C(a)(iia) by section 35 of the **Crimes Amendment (Sexual Offences) Act 2016**, section 7C(a)(iia), as in force immediately before the commencement of section 35, continues to apply in respect of any offence referred to in section 7C(a)(iia) that is alleged to have been committed before the commencement of section 35.\n\n(2) Despite the amendment of clause 2(bb), (bc) and (bd) of Schedule 2 by section 35 of the **Crimes Amendment (Sexual Offences) Act 2016**, clause 2(bb), (bc) and (bd), as in force immediately before the commencement of section 35, continue to apply in respect of any offence referred to in clause 2(bb), (bc) and (bd) that is alleged to have been committed before the commencement of section 35.\n\nS. 192 inserted by No. 3/2019 s. 28.\n\n","sortOrder":362},{"sectionNumber":"192","sectionType":"section","heading":"Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019","content":"\t192 Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019\n\n(1) Item 15A of Schedule 1, as inserted by section 29 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019**, applies to an offence alleged to have been committed on or after the commencement of section 29 of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 29 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019**, the offence is alleged to have been committed before that commencement.\n\nS. 193 inserted by No. 3/2019 s. 81.\n\n","sortOrder":363},{"sectionNumber":"193","sectionType":"section","heading":"Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019","content":"\t193 Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019\n\n(1) On the commencement of section 82 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019**, this Act applies to an offence specified in item 3A of Schedule 1, whether that offence is alleged to have been committed before or after that commencement.\n\n(2) On the commencement of section 83 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019**, this Act applies to an offence specified in clause 11, 12 or 13 of Schedule 2, whether that offence is alleged to have been committed before or after that commencement.\n\nS. 194 inserted by No. 44/2022 s. 71.\n\n","sortOrder":364},{"sectionNumber":"194","sectionType":"section","heading":"Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022","content":"\t194 Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022\n\n***amending Act***means the **Major Crime and Community Safety Legislation Amendment Act 2022**.\n\n(2) This Act, as amended by Division 1 of Part 2 of the amending Act, applies to an application for a freezing order that is made on or after the commencement of that Division irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.\n\n(3) This Act, as amended by Division 3 of Part 2 of the amending Act, applies only to an application for an exclusion order that is made on or after the commencement of that Division irrespective of when the restraining order to which the application relates was made or the property to which the application relates was forfeited (as the case may be).\n\n(4) This Act, as amended by sections 34 and 35 of the amending Act, applies with respect to an interest in land that becomes subject to a charge on land before, on or after the commencement of sections 34 and 35 of the amending Act.\n\n(5) This Act, as amended by Division 8 of Part 2 (other than section 44) of the amending Act, applies only with respect to an application for an examination order or a production order that is made on or after the commencement of that Division irrespective of—\n\n(a) whether the offence to which the application relates is alleged to have been committed before, on or after that commencement; or\n\n(b) when the pecuniary penalty order, compensation or restitution order was made.\n\n(6) Section 15, as amended by section 47 of the amending Act, applies to a restraining order that is made on or after the commencement of that section of the amending Act—\n\n(a) to satisfy a pecuniary penalty order, irrespective of whether the pecuniary penalty order was made before or is made on or after that commencement; and\n\n(b) to satisfy any order for restitution or compensation under the **Sentencing Act 1991**, irrespective of whether the order was made before or is made on or after that commencement.\n\n(7) Section 31, as amended by section 54 of the amending Act, applies to a compensation order that is made on or after 16 October 2020.\n\n(8) Section 33, as amended by section 22 of the amending Act, applies only with respect to an application that is made on or after the commencement of section 22 of the amending Act irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.\n\n(9) Section 45A, as amended by section 23 of the amending Act, applies to an application that is made before, on or after the commencement of section 23 of the amending Act.\n\n(10) Sections 15A(2)(ca), 27(11) and 27A, as inserted by Division 9 of Part 2 of the amending Act apply to a restraining order irrespective of when the order was made.\n\n(11) Sections 28(1) and 28A, as amended by Division 9 of Part 2 of the amending Act, applies only to a restraining order that is made on or after the commencement of Division 9 irrespective of whether the offence to which the order relates is alleged to have been committed before, on or after that commencement.\n\n(12) Section 24 as amended by section 58 of the amending Act applies to any restraining order in effect irrespective of when the order is made.\n\n(13) Section 27 as amended by section 59 of the amending Act applies to any restraining order in effect irrespective of when the order is made.\n\n(14) Section 31G as amended by section 60 of the amending Act applies only to a freezing order that is made on after the commencement of section 60.\n\n(15) Section 97H, as amended by section 63 of the amending Act, applies only to a warrant issued on or after the commencement of section 63.\n\n(16) Section 97T, as amended by section 64 of the amending Act, applies only to a warrant issued on or after the commencement of section 64.\n\n(17) Sections 80A and 80B apply only with respect to a search warrant that is issued on or after the commencement of section 12 of the amending Act irrespective of when—\n\n(a) the offence to which the warrant relates is suspected to have been committed; or\n\n(b) the offence to which the tainted property relates is alleged to have been committed; or\n\n(c) the property to which the warrant relates is forfeited.\n\n(18) Section 88, as amended by section 13 of the amending Act, applies only with respect to a seizure warrant that was issued on or after the commencement of section 13 of the amending Act.\n\n(19) Section 92A, as inserted by section 14 of the amending Act, applies only with respect to a search warrant that is issued on or after the commencement of section 14 of the amending Act irrespective of when the offence to which the warrant relates is suspected to have been committed.\n\n(20) Section 118D, as amended by section 44 of the amending Act, applies only to notices issued on or after the commencement of section 44 of the amending Act.\n\n(21) The amendments made to Schedule 2 by section 69 of the amending Act apply only with respect to an offence alleged to have been committed on or after the commencement of section 69 of the amending Act.\n\n(22) For the purposes of subsection (21), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 69 of the amending Act, the offence is alleged to have been committed before that commencement.\n\nSchedules\n\nSch. 1 (Heading) substituted by No. 87/2004 s. 22(2)(x).\n\nSchedule 1—Offences—Forfeiture on court order\n\n1. An indictable offence against the law of Victoria.\n\nSch. 1 item 2 substituted by No. 87/2004 s. 22(2)(y).\n\n2. A Schedule 2 offence.\n\nSch. 1 item 3 substituted by No. 16/2006 s. 198(Sch. 2 item 2).\n\n3. An offence against section 34(1)(c) of the **Aboriginal Heritage Act 2006** (buying or selling an Aboriginal object).\n\nSch. 1 item 3A inserted by No. 3/2019 s. 82.\n\n3A. An offence against any of the following provisions of the Australian Consumer Law (Victoria)—\n\n(a) section 158(1) (accepting payment or other consideration for goods or services and not intending to supply the goods or services);\n\n(b) section 158(3) (accepting payment or other consideration for goods or services and intending to supply materially different goods or services).\n\n4. An offence against any of the following provisions of the **Casino Control Act 1991**—\n\n(a) section 79A(1) (special employee accepting gratuities etc.);\n\n(b) section 120 (wilfully evading fees etc.);\n\n(c) section 153B (forgery etc.).\n\n5. An offence against any of the following provisions of the **Classification (Publications, Films and Computer Games) (Enforcement) Act 1995**—\n\nSch. 1 item 5(a) amended by No. 6/2005 s. 13(4)(a).\n\n(a) section 8 (exhibition of RC and X 18+ films);\n\nSch. 1 item 5(b) amended by No. 6/2005 s. 13(4)(b).\n\n(b) section 9 (exhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films);\n\nSch. 1 item 5(c)  \namended by Nos 60/1998 s. 16(a), 6/2005 s. 13(4)(c).\n\n(c) section 15(1) or (2) (selling unclassified, RC  \nand X 18+ films);\n\nSch. 1 item 5(d) amended by No. 6/2005 s. 13(4)(d).\n\n(d) section 23(1) or (2) (possession or copying of unclassified, RC and X 18+ films for purpose of sale or exhibition);\n\nSch. 1 item 5(da)  \ninserted by No. 60/1998 s. 16(b), amended by No. 6/2005 s. 13(4)(e).\n\n(da) section 23A(4) or (5) (possession or copying of commercial quantity of X 18+ films);\n\n(e) section 24(1) (making objectionable film);\n\n(f) section 25(1) (sale of unclassified or RC publication);\n\n(g) section 31(1) (possession or copying of unclassified or RC publication for purpose of sale);\n\n(h) section 32(1) (producing objectionable publication);\n\n(i) section 34 (sale or demonstration of computer game);\n\n(j) section 36(1) (sale or demonstration of unclassified or RC computer game);\n\n(k) section 45(1) or (2) (possession or copying of unclassified or RC computer game for purpose of sale or demonstration);\n\n(l) section 57(1) (publication or transmission of objectionable material).\n\nSch. 1 item 5AA inserted by No. 75/2011 s. 27(a).\n\n5AA. An offence against any of the following provisions of the **Domestic Animals Act 1994**, where the offence relates to the conduct of a breeding domestic animal business within the meaning of that Act—\n\n(a) section 45 (conduct domestic animal business on unregistered premises);\n\n(b) section 63A (non-compliance with Code of Practice), where it is the second or subsequent offence against that section.\n\nSch. 1 item 5A inserted by No. 63/2003 s. 36(1).\n\n5A. An offence against section 54(5) of the **Dangerous Goods Act 1985** (selling or otherwise dealing with an unauthorised explosive).\n\nSch. 1 item 5B inserted by No. 40/2017 s. 25.\n\n5B. An offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\n(a) section 56D (producing a psychoactive substance);\n\n(b) section 56E(1) or (2) (selling or supplying a psychoactive substance);\n\n(c) section 56F(1) or (2) (advertising a psychoactive substance).\n\n6. An offence against any of the following provisions of the **Fisheries Act 1968**—\n\n(a) section 13C(8) (exceeding abalone catch quota);\n\n(b) section 13D(4) (possessing abalone without prescribed abalone docket);\n\n(c) section 17(1), (1A), (1B) or (1C) (unlicensed operation; exceeding bag limit of abalone; failure to comply with abalone processor's or storer's licence; scalloping in Port Phillip Bay);\n\n(d) section 37 (destruction of boundary marks);\n\n(e) section 52 (using prohibited equipment);\n\n(f) section 59 (using poison to take fish);\n\n(g) section 60(1) (use of explosives);\n\n(h) section 61(1) or (3) (taking undersize fish) where the penalty imposed is 50 penalty units or more;\n\n(i) section 61B (possessing abalone in excess of bag limit) where the penalty imposed is 50 penalty units or more;\n\n(j) section 63(1) (poisoning or polluting waters containing fish);\n\n(k) section 68(3) (failure to comply with notice to cease poisoning waters containing fish).\n\n7. An offence against any of the following provisions of the **Fisheries Act 1995**—\n\n(a) section 36(1) (unauthorised commercial fishing activities);\n\n(b) section 37(1) (offences relating to commercial abalone equipment);\n\n(c) section 39(1), (2) or (3) (restrictions concerning access licences);\n\n(d) section 40(1) (receipt, consignment etc. of fish);\n\n(e) section 42(1) (offences relating to aquaculture and live fish etc.);\n\n(f) section 53(1) or (4) (failure to comply with licence or permit conditions);\n\n(g) section 66(1) (holder of access licence exceeding permitted amount);\n\nSch. 1 item 7(ga) inserted by No. 63/2003 s. 36(2).\n\n(ga) section 66A(1) (taking fish during quota period in excess of notice specification);\n\n(h) section 67(3) (contravention of regulation or fisheries notice prohibition);\n\nSch. 1 item 7(i) amended by No. 63/2003 s. 36(3).\n\n(i) section 68A(1), (2), (4B) or (5) (offences in relation to size and catch limits);\n\nSch. 1 item 7(j) substituted by No. 63/2003 s. 36(4).\n\n(j) section 68B(1) (possession of fish taken from non-Victorian waters in contravention of permitted size or amount);\n\n(k) section 71(1) (unauthorised taking etc. of protected aquatic biota);\n\n(l) section 76 (offences concerning noxious aquatic species);\n\nSch. 1 item 7(la) inserted by No. 63/2003 s. 36(5).\n\n(la) section 99(1) (failure to keep document in relation to receipt of priority species);\n\nSch. 1 item 7(lb) inserted by No. 63/2003 s. 36(5).\n\n(lb) section 108A(5) (failure to comply with retention notice);\n\n(m) section 112(1) or (2) (use of explosives, poisons, substances or equipment for fishing);\n\n(n) section 113(1) (interference with lawful fishing activities or aquaculture activities);\n\n(o) section 114(3) (contravention of regulation or fisheries notice prohibition);\n\n(p) section 115 (interference with commercial fishing equipment or aquaculture equipment);\n\nSch. 1 item 7(q) substituted by No. 40/2019 s. 97.\n\n(q) section 116(1) or (2A) (possession or sale of fish, or the hiding or concealment of fish, taken in contravention of Act or corresponding law);\n\n(r) section 117(1) (use of foreign boat for fishing);\n\n(s) section 118(1) (having foreign boat equipped with commercial fishing equipment);\n\n(t) section 119(1) (blocking passage of fish);\n\nSch. 1 item 7(ta) inserted by No. 108/2003 s. 8(1), amended by No. 26/2024 s. 46(1).\n\n(ta) section 119A (knowingly make false or misleading statements in relation to priority species);\n\n(u) section 130(4) (failure to comply with order prohibiting person from being on certain boats or in certain places);\n\nSch. 1 item 7(ua) inserted by No. 63/2003 s. 36(6).\n\n(ua) section 130A(5) (failure to comply with court order prohibiting fishing activity or possession of fish or equipment);\n\nSch. 1 item 7(ub) inserted by No. 63/2003 s. 36(6).\n\n(ub) section 130B(6) (failure to comply with court order prohibiting person from being in or on specified waters);\n\n(v) section 139 (taking fish etc. from research station or hatchery on Crown land);\n\n(w) section 147 (improper use of information).\n\n8. An offence against any of the following provisions of the **Flora and Fauna Guarantee Act 1988**—\n\nSch. 1 item 8(a) amended by No. 28/2019 s. 48(1).\n\n(a) section 47(1) (taking, trading etc. of member of restricted use protected flora);\n\nSch. 1 item 8(ab) inserted by No. 28/2019 s. 48(2).\n\n(ab) section 47A(1) (taking, trading etc. of member of restricted use protected flora impacting on that flora);\n\nSch. 1 item 8(ac) inserted by No. 28/2019 s. 48(2).\n\n(ac) section 47B(1) (taking, trading etc. of other protected flora);\n\nSch. 1 item 8(ad) inserted by No. 28/2019 s. 48(2).\n\n(ad) section 47C(1) (taking, trading etc. of other protected flora impacting on relevant taxon of flora or community of flora or fauna);\n\nSch. 1 item 8(b) amended by No. 28/2019 s. 48(3).\n\n(b) section 52(1) (taking, trading in or keeping fish);\n\nSch. 1 item 8(ba) inserted by No. 28/2019 s. 48(4).\n\n(ba) section 52A(1) (taking, trading in or keeping fish impacting on relevant listed taxon of fauna or community of flora or fauna).\n\n9. An offence against any of the following provisions of the **Forests Act 1958**—\n\n(a) section 59(1) (felling etc. tree in protected forest);\n\n(b) section 61 (felling etc. reserved tree);\n\n(c) section 96 (miscellaneous offences);\n\nSch. 1 item 9(d) inserted by No. 48/2004 s. 133.\n\n(d) sections 96A and 96B.\n\nSch. 1 item 10 substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 3).\n\n10. An offence against any of the following provisions of the **Gambling Regulation Act 2003**—\n\nSch. 1 item 10(a) substituted by No. 56/2014 s. 61(1).\n\n(a) section 2.2.1 (unauthorised gambling prohibited);\n\nSch. 1 item 10(b) substituted by No. 56/2014 s. 61(1).\n\n  (b) section 2.2.8 (advertising of unauthorised gambling prohibited);\n\nSch. 1 items 10(c)-(i) repealed by No. 56/2014 s. 61(2).\n\nSch. 1 item 10(j) repealed by No. 52/2009 s. 17.\n\nSch. 1 item 10(k) repealed by No. 56/2014 s. 61(2).\n\n(l) section 3.4.68(1) or (2) (payments to venue operator by manufacturer or supplier of gaming equipment);\n\n(m) section 3.5.28(1), (2), (3) or (4) (inducements, cheating etc.);\n\n(n) section 3.5.31 (extending credit for playing gaming machine);\n\n(o) section 4.7.5(1) or (2) (inducements, cheating etc.);\n\n(p) section 4.7.6 (extending credit etc.);\n\nSch. 1 item 10(q) amended by No. 56/2010 s. 73.\n\n(q) section 8.2.2(b) (conducting session of bingo games otherwise than in accordance with Act);\n\n(r) section 10.5.17 (impersonation of inspector or commissioner);\n\n(s) section 10.5.18(1) or (2) (bribery of authorised person).\n\nSch. 1 items 11–13 repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 3).\n\nSch. 1 item 13A inserted by No. 63/2003 s. 36(7), amended by No. 26/2024 s. 46(2).\n\n13A. An offence against any of the following provisions of the **National Parks Act 1975**—\n\n(a) section 45A(1) (taking fish or fishing bait for sale in marine national park or marine sanctuary);\n\n(b) section 45A(2) (taking fish or fishing bait for purposes other than sale without permit in marine national park or marine sanctuary);\n\n(c) section 45A(3) (growing etc. fish or fishing bait in marine national park or marine sanctuary);\n\n(d) section 45A(4) (being in a prescribed area in charge of prescribed boat or in charge of boat carrying prescribed equipment);\n\n(e) section 45A(5) (possessing or being in charge of boat carrying a priority species).\n\nSch. 1 item 13B inserted by No. 75/2011 s. 27(b).\n\n13B. An offence against any of the following provisions of the **Prevention of Cruelty to Animals Act 1986**, where the offence relates to the conduct of a breeding domestic animal business within the meaning of the **Domestic Animals Act 1994**—\n\n(a) section 9 (cruelty);\n\n(b) section 10 (aggravated cruelty).\n\n14. An offence against any of the following provisions of the **Racing Act 1958**—\n\n(a) section 29 (1A), (1B) or (1C) (receipt of direct financial benefit from profits of race-meeting);\n\n(b) section 55(2) (non-mechanical speed coursing).\n\nSch. 1 item 14AA inserted by No. 51/2024 s. 70(1).\n\n14AA. An offence against any of the following provisions of the **Tobacco Act 1987**—\n\n(a) section 11A(1) (possession of illicit tobacco);\n\n(b) section 11A(2) (possession of commercial quantity of illicit tobacco);\n\n(c) section 11A(3) (supply of illicit tobacco);\n\n(d) section 33A(1) (selling a tobacco product without a licence).\n\nSch. 1 item 14A inserted by No. 48/2021 s. 139.\n\n14A. An offence against any of the following provisions of the **Water Act 1989**—\n\n(a) section 33E(3) (taking water without authorisation under a water share);\n\n(b) section 63(3) (taking or using water from a non-declared water system);\n\n(c) section 289(3) (taking, using or diverting an Authority's water);\n\n(d) section 289B(3) (interfering with the flow of water under the control and management of an Authority).\n\n15. An offence against any of the following provisions of the **Wildlife Act 1975**—\n\nSch. 1 item 15(a) amended by No. 43/1998  \ns. 38(a).\n\n(a) section 41(1) or (2) (taking or possessing etc. endangered wildlife) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(b) amended by No. 43/1998  \ns. 38(b).\n\n(b) section 42(1) or (2) (taking or possessing etc. notable wildlife) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(c) amended by No. 43/1998  \ns. 38(c).\n\n(c) section 43(1) or (2) (taking or possessing etc. protected wildlife) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(d) amended by No. 43/1998  \ns. 38(d).\n\n(d) section 43A (possessing unlawfully taken wildlife) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(e) amended by No. 43/1998  \ns. 38(e).\n\n(e) section 45 (taking eggs of protected wildlife) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(f) amended by No. 43/1998  \ns. 38(f).\n\n(f) section 46 (trapping wild duck etc.) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(g) amended by No. 43/1998  \ns. 38(g).\n\n(g) section 47(1) (taking protected wildlife in close season) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(h) amended by No. 43/1998  \ns. 38(h).\n\n(h) section 48(1) (setting dog on wildlife not being game) as in force immediately before the commencement of section 14 of the **Wildlife (Amendment) Act 1997**;\n\nSch. 1 item 15(ha) inserted by No. 43/1998  \n\n(ha) section 41 (hunting, taking or destroying endangered wildlife);\n\nSch. 1 item 15(hb) inserted by No. 43/1998  \n\n(hb) section 42 (hunting, taking or destroying notable wildlife);\n\nSch. 1 item 15(hc) inserted by No. 43/1998  \n\n(hc) section 43 (hunting, taking or destroying protected wildlife);\n\nSch. 1 item 15(hd) inserted by No. 43/1998  \n\n(hd) section 45 (acquiring etc. endangered wildlife);\n\nSch. 1 item 15(he) inserted by No. 43/1998  \n\n(he) section 46 (acquiring etc. notable wildlife);\n\nSch. 1 item 15(hf) inserted by No. 43/1998  \n\n(hf) section 47 (acquiring etc. protected wildlife);\n\nSch. 1 item 15(hg) inserted by No. 43/1998  \n\n(hg) section 47D (wildlife unlawfully taken);\n\n(i) section 49(2) (contravening Order prohibiting possession etc. of wildlife);\n\n(j) section 50(1) (importing or exporting wildlife without permit);\n\n(k) section 52 (release of wildlife and animals from captivity or confinement);\n\n(l) section 53 (use of prohibited equipment);\n\n(m) section 54(1) (killing etc. wildlife by poison);\n\n(n) section 55 (using bird-lime etc.);\n\n(o) section 56(1) (use or possession of punt gun);\n\n(p) section 58 (molesting etc. protected wildlife during close season);\n\n(q) section 60A(2) (failure to comply with demand to produce firearms licence or permit);\n\n(r) section 73(1) (conducting unlicensed animal exhibition);\n\n(s) section 74(1) (unlicensed keeping of zoo);\n\n(t) section 74E(1) (contravention of licence conditions etc.);\n\n(u) section 76(3) (failure to release whale);\n\n(v) section 77(1) (action to be taken with respect to killing or taking of whale);\n\n(w) section 80 (breach of permit condition).\n\nSch. 1 item 15A inserted by No. 3/2019 s. 29.\n\n15A. An offence against any of the following provisions of the **Second-Hand Dealers and Pawnbrokers Act 1989**—\n\n(a) section 5(1) or (1A) (carrying on business as a second-hand dealer or pawnbroker without registration);\n\n(b) section 19A(1) or (2) (payment for scrap metal);\n\n(c) section 19B(1), (2) or (3) (buying, disposing of or possessing unidentified motor vehicles);\n\n(d) section 22(2) (failing to inform police officer of suspicion that goods in possession may have been stolen).\n\nSch. 1 item 16 inserted by No. 43/1998  \ns. 38(j), repealed by No. 47/2016 s. 35(4).\n\nSch. 1 item 17 inserted by No. 44/1999 s. 33(2), amended by No. 63/2010 s. 81(Sch. item 2.1), substituted by No. 73/2011 s. 16, amended by No. 7/2022 s. 64.\n\n17. An offence against any of the following provisions of the **Sex Work Act 1994** despite its repeal by the **Sex Work Decriminalisation Act 2022**—\n\n(a) section 17(1) (publishing or causing to be published advertisement for sex work services);\n\n(b) section 17(2) (causing advertisement for sex work services to be broadcast or televised);\n\n(c) section 17(3) (publishing or causing to be published statement to induce persons to seek employment in sex work);\n\n(d) section 17(4) (advertising as provider of massage services);\n\n(e) section 22(1A) (sex work service providers to be licensed);\n\n(f) section 57(1) (licensee carrying on business with unlicensed partner).\n\nSch. 1 item 18 inserted by No. 44/1999 s. 33(2), amended by No. 104/2003 s. 5(9).\n\n18. An offence against section 123 of this Act (possession etc. of property suspected of being proceeds of crime), as in force immediately before its repeal by section 5(1) of the **Crimes (Money Laundering) Act 2003**.\n\nSch. 1 item 19 inserted by No. 104/2003 s. 5(10).\n\n19. An offence against section 195 of the **Crimes Act 1958**.\n\nSch. 2 (Heading) substituted by No. 87/2004 s. 22(2)(z).\n\nSchedule 2—Offences—Automatic forfeiture and civil forfeiture\n\n1. An offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981**—\n\nSch. 2 item 1(a) substituted by No. 61/2001 s. 11(1)(a).\n\n(a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);\n\nSch. 2 item 1(ab) inserted by No. 61/2001 s. 11(1)(a), amended by No. 3/2019 s. 20(2).\n\n(ab) section 71AA(1) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);\n\nSch. 2 item 1(aba) inserted by No. 3/2019 s. 20(3).\n\n(aba) section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);\n\nSch. 2 item 1(ac) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(1)(a).\n\n(ac) section 71AB(1) (trafficking in a drug of dependence to a child) where—\n\n(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;\n\nSch. 2 item 1(aca) inserted by No. 2/2016 s. 17(1)(b).\n\n(aca) section 71AB(2) (trafficking in a drug of dependence to a child at a school or in a public place within 500 metres of a school) where—\n\n(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;\n\nSch. 2 item 1(ad) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(2)(a).\n\n(ad) section 71AC(1) (trafficking in a drug of dependence) where—\n\n(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;\n\nSch. 2 item 1(ada) inserted by No. 2/2016 s. 17(2)(b).\n\n(ada) section 71AC(2) (trafficking in a drug of dependence at a school or in a public place within 500 metres of a school) where—\n\n(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;\n\nSch. 2 item 1(b) substituted by No. 61/2001 s. 11(1)(b).\n\n(b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);\n\nSch. 2 item 1(ba) inserted by No. 61/2001 s. 11(1)(b).\n\n(ba) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);\n\nSch. 2 item 1(c) amended by Nos 61/2001 s. 11(1)(c), 63/2003 s. 37(2)(a)(b), 2/2016 s. 17(3)(a).\n\n(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence in the circumstances referred to in paragraph (a), (ab), (ac), (aca), (ad), (ada), (b) or (ba);\n\nSch. 2 item 1(d) amended by Nos 61/2001 s. 11(1)(d)(i)(ii), 63/2003 s. 37(3)(a)–(c), substituted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(b), 3/2019 s. 20(4).\n\n(d) section 80(1) (inciting) where the offence that is incited is an offence referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba), committed in the circumstances referred to in those paragraphs;\n\nSch. 2 item 1(e) inserted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(c), 3/2019 s. 20(4).\n\n(e) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence committed in the circumstances referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 71AB, 71AC, 72 or 72A, as the case requires.\n\nSch. 2 item 1A inserted by No. 35/2002 s. 28(Sch. item 2.1).\n\n1A. An offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981** as in force immediately before the commencement of the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001**—\n\n(a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;\n\n(b) section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;\n\n(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b);\n\n(d) section 80(1) or 80(3)(b) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (a) or (b) or an offence committed in the circumstances referred to in paragraph (a) or (b) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71(1) or 72(1), as the case requires.\n\nSch. 2 item 2 substituted by No. 63/2003 s. 38, amended by No. 26/2024 s. 47(1)(a).\n\n2. An offence against any of the following provisions of the **Crimes Act 1958**—\n\n(a) section 27 (extortion with threat to kill) where—\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;\n\n(b) section 28 (extortion with threat to destroy property) where—\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;\n\nSch. 2 item 2(ba) inserted by No. 73/2011 s. 17, substituted by Nos 47/2016 s. 35(5), 44/2022 s. 69(1).\n\n(ba) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);\n\nSch. 2 item 2(bab) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).\n\n(bab) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);\n\nSch. 2 item 2(bac) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).\n\n(bac) section 53D(1) (conducting a business in circumstances involving sexual servitude);\n\nSch. 2 item 2(bb) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(6), substituted by No. 44/2022 s. 69(1).\n\n(bb) section 53E(1) (aggravated sexual servitude);\n\nSch. 2 item 2(bc) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(7), substituted by No. 44/2022 s. 69(1).\n\n(bc) section 53F(1) (deceptive recruiting for commercial sexual services);\n\nSch. 2 item 2(bd) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(8), substituted by No. 44/2022 s. 69(1), amended by No. 26/2024 s. 47(1)(b).\n\n(bd) section 53G(1) (aggravated deceptive recruiting for commercial sexual (services);\n\nSch. 2 item 2(be) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).\n\n(be) section 53I(1) (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);\n\nSch. 2 item 2(bf) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).\n\n(bf) section 53J(1) (agreement for provision of commercial sexual services by a child);\n\n(c) section 74 (theft) where—\n\n(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;\n\n(d) section 75 (robbery) where—\n\n(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;\n\n(e) section 75A (armed robbery) where—\n\n(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;\n\n(f) section 81(1) (obtaining property by deception) where—\n\n(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;\n\n(g) section 82(1) (obtaining financial advantage by deception) where—\n\n(i) only one offence is charged and the value of the financial advantage obtained is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the financial advantage obtained is $75 000 or more;\n\n(h) section 87 (blackmail) where—\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;\n\n(i) section 88 (handling stolen goods) where—\n\n(i) only one offence is charged and the value of the goods in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the goods in respect of which the offences are committed is $75 000 or more;\n\n(j) section 176 (receipt or solicitation of secret commission by an agent) where—\n\n(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;\n\n(k) section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where—\n\n(i) only one offence is charged and the amount intended to be defrauded is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more;\n\n(l) section 179 (gift or receipt of secret commission in return for advice) where—\n\n(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;\n\n(m) section 180 (secret commission to trustee in return for substituted appointment) where—\n\n(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;\n\n(n) section 191 (fraudulently inducing persons to invest money) where—\n\n(i) only one offence is charged and the value of the property (including any profit) in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property (including any profit) in respect of which the offences are committed is $75 000 or more;\n\n(o) section 321(1) where the conspiracy is to commit an offence in the circumstances referred to in paragraphs (a) to (n).\n\nSch. 2 item 2A inserted by No. 63/2003 s. 38, amended by Nos 63/2010 s. 81(Sch. item 2.2(a)), 7/2022 s. 65(2), 26/2024 s. 47(2).\n\n2A. An offence against any of the following provisions of the **Sex Work Act 1994** despite its repeal by the **Sex Work Decriminalisation Act 2022**—\n\nSch. 2 item 2A(a) substituted by No. 44/2022 s. 69(2).\n\n(a) section 6(1) (receiving payment for sexual services provided by a child);\n\nSch. 2 item 2A(b) substituted by No. 44/2022 s. 69(2).\n\n(b) section 7(1) (agreement for provision of sexual services by a child);\n\nSch. 2 item 2A(c) repealed by No. 44/2022 s. 69(2).\n\nSch. 2 item 2A(d) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).\n\n(d) section 22(1) (carrying on business as a sex work service provider without licence or in breach of licence) where—\n\n(i) only one offence is charged and $50 000 or more is received by the business; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business;\n\nSch. 2 item 2A(e) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).\n\n(e) section 22(3) (assisting in the carrying on of a sex work service providing business without licence or in breach of licence) where—\n\n(i) only one offence is charged and $50 000 or more is received by the business; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business.\n\nSch. 2 item 2B inserted by No. 63/2003 s. 38, amended by No. 26/2024 s. 47(3).\n\n2B. An offence against any of the following provisions of the **Casino Control Act 1991**—\n\n(a) section 153A(2) (bribery by a key official within the meaning of that Act) where—\n\n(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more;\n\n(b) section 153A(3) (bribery of a key official within the meaning of that Act) where—\n\n(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or\n\n(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more.\n\nSch. 2 item 2C inserted by No. 63/2003 s. 38, repealed by No. 45/2004 s. 41(a).\n\nSch. 2 item 3 amended by Nos 63/2003 s. 39, 104/2003 s. 5(11).\n\n3. An offence against section 122(1) of the **Confiscation Act 1997** (money laundering) where the money or other property is proceeds of an offence committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 8 or 9, as in force immediately before its repeal by section 5(1) of the **Crimes (Money Laundering) Act 2003**.\n\nSch. 2 item 3A inserted by No. 104/2003 s. 5(12), amended by Nos 45/2004 s. 41(b), 69/2004 s. 59(a), 68/2010 s. 32(1).\n\n3A. An offence against section 194(1), (2) or (3) of the **Crimes Act 1958** where—\n\n(a) only one offence against section 194(1), (2) or (3) of the **Crimes Act 1958** is charged and the value of the property dealt with is $50 000 or more; or\n\n(b) more than one offence against section 194(1), (2) or (3) of the **Crimes Act 1958** is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property dealt with is $75 000 or more.\n\n4. An offence of—\n\n(a) conspiracy to commit; or\n\nSch. 2 item 4(b) substituted by No. 47/2016 s. 35(9).\n\n(b) being involved in the commission of—\n\nan offence referred to in item 3.\n\nNote to Sch. 2 item 4 inserted by No. 47/2016 s. 35(10).\n\nSubdivision (1) of Division 1 of Part II of the **Crimes Act 1958** deals with complicity in the commission of offences.\n\nSch. 2 item 4A inserted by No. 69/2004 s. 59(b).\n\n4A. An offence of conspiracy to commit an offence referred to in item 10 in the circumstances referred to in that item.\n\nSch. 2 item 5 amended by Nos 63/2003 s. 40, 45/2004 s. 41(b), 69/2004 s. 59(a).\n\n5. An offence of attempting to commit any offence in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C (as in force immediately before its repeal by section 41(a) of the **Racing and Gaming Acts (Amendment) Act 2004**), 3, 8, 9 or 10.\n\n6. A continuing criminal enterprise offence within the meaning of Part 2B of the **Sentencing Act 1991** for which the offender is liable to be sentenced under that Part as a continuing criminal enterprise offender.\n\nSch. 2 item 7 substituted by No. 63/2003 s. 41.\n\n7. The common law offence of conspiracy to defraud where—\n\n(a) only one offence is charged and the value of the property, financial advantage or economic loss in respect of which the offence is committed is $50 000 or more; or\n\n(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property, financial advantage or economic loss in respect of which the offences are committed is $75 000 or more.\n\nSch. 2 item 8 inserted by No. 63/2003 s. 41.\n\n8. The common law offence of misconduct in public office where—\n\n(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.\n\nSch. 2 item 9 inserted by No. 63/2003 s. 41.\n\n9. The common law offence of bribery of a public official where—\n\n(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or\n\n(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.\n\nSch. 2 item 10 inserted by No. 108/2003 s. 8(2), substituted by No. 68/2010 s. 32(2).\n\n10. An offence against section 111A, 111B or 111C of the **Fisheries Act 1995** where the quantity of fish in respect of which the offence is committed is not less than 5 times the commercial quantity (within the meaning of that Act).\n\nSch. 2 item 11 inserted by No. 3/2019 s. 83.\n\n11. An offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) where—\n\n(a) only one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the value of the payment or other consideration is $50 000 or more; or\n\n(b) more than one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payment or other consideration is $75 000 or more.\n\nSch. 2 item 12 inserted by No. 3/2019 s. 83.\n\n12. An offence against section 78(1)(a) or (b) of the **Conveyancers Act 2006** where—\n\n(a) only one offence against section 78(1)(a) or (b) of the **Conveyancers Act 2006** is charged and the value of the deficiency or the money not paid or delivered is $50 000 or more; or\n\n(b) more than one offence against section 78(1)(a) or (b) of the **Conveyancers Act 2006** is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the deficiency or the money not paid or delivered is $75 000 or more.\n\nSch. 2 item 13 inserted by No. 3/2019 s. 83.\n\n13. An offence against section 91(1)(a), (b) or (c) of the **Estate Agents Act 1980** where—\n\n(a) only one offence against section 91(1)(a) of the **Estate Agents Act 1980** is charged and the moneys fraudulently converted to own use are $50 000 or more; or\n\n(b) only one offence against section 91(1)(b) of the **Estate Agents Act 1980** is charged and the moneys fraudulently omitted to account for deliver or pay are $50 000 or more; or\n\n(c) only one offence against section 91(1)(c) of the **Estate Agents Act 1980** is charged and the discrepancy in the account fraudulently rendered is $50 000 or more; or\n\n(d) more than one offence against section 91(1)(a), (b) or (c) of the **Estate Agents Act 1980** is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined moneys are $75 000 or more.\n\nSch. 2 item 14 inserted by No. 44/2022 s. 69(3).\n\n14. An offence against section 7C(1) of the **Firearms Act 1996**.\n\nSch. 2 item 15 inserted by No. 51/2024 s. 70(2).\n\n15. An offence against section 11A(4) of the **Tobacco Act 1987**.\n\nSch. 3 amended by Nos 61/2001 s. 11(2)(a)–(d), 35/2002 s. 28(Sch. item 2.2), repealed by No. 87/2004 s. 22(3).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 13 November 1997*\n\n*Legislative Council: 4 December 1997*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the forfeiture of the proceeds of crime and other property in certain circumstances, to amend the **Sentencing Act 1991**, to repeal the **Crimes (Confiscation of Profits) Act 1986** and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 13 November 1997*\n\n*Legislative Council: 4 December 1997*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 3 December 1997*\n\n*Legislative Council: 10 December 1997*\n\nThe **Confiscation Act 1997** was assented to on 23 December 1997 and came into operation as follows:\n\nPart 1 (sections 1–13) on 23 December 1997: section 2(1); rest of Act on 1 July 1998: Government Gazette 25 June 1998 page 1561.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Confiscation Act 1997** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | Ss 7–39 on 26.5.98: s. 2(1) |\n\n**Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998**\n\n| Assent Date: | 27.10.98 |\n| Commencement Date: | S. 16 on 27.10.98: s. 2(1) |\n\n**Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998**\n\n| Assent Date: | 13.11.98 |\n| Commencement Date: | Pt 3 (s. 5) on 1.7.98: s. 2(2) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 11) on 1.1.99: s. 2(3) |\n\n**Prostitution Control (Amendment) Act 1999, No. 44/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 33 on 8.6.99: s. 2(1) |\n\n**Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000**\n\n| Assent Date: | 12.9.00 |\n| Commencement Date: | S. 25(2) on 1.1.01: s. 2(2) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 25) on 22.11.00: s. 2(1) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 13) on 1.6.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 21) on 15.7.01: s. 2 |\n\n**Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 11 on 1.1.02: s. 2(2) |\n\n**Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002**\n\n| Assent Date: | 18.6.02 |\n| Commencement Date: | S. 28(Sch. item 2) on 19.6.02: s. 2(1) |\n\n**Confiscation (Amendment) Act 2003, No. 63/2003**\n\n| Assent Date: | 30.9.03 |\n| Commencement Date: | Ss 4–42 on 1.12.03: s. 2(2) |\n\n**Crimes (Money Laundering) Act 2003, No. 104/2003**\n\n| Assent Date: | 9.12.03 |\n| Commencement Date: | Ss 5, 6 on 1.1.04: s. 2(3) |\n\n**Fisheries (Further Amendment) Act 2003, No. 108/2003**\n\n| Assent Date: | 9.12.03 |\n| Commencement Date: | S. 8 on 10.12.03: s. 2(1) |\n\n**Gambling Regulation Act 2003, No. 114/2003**\n\n| Assent Date: | 16.12.03 |\n| Commencement Date: | S. 12.1.3(Sch. 6 item 3) on 1.7.04: Government Gazette 1.7.04 p. 1843 |\n| Current State: | This information relates only to the provision/s amending the **Confiscation 1997** |\n\n**Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | S. 41 on 1.7.04: s. 2(3) |\n\n**Sustainable Forests (Timber) Act 2004, No. 48/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | S. 133 on 17.6.04: s. 2(1) |\n\n**Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004**\n\n| Assent Date: | 19.10.04 |\n| Commencement Date: | S. 59 on 20.10.04: s. 2(1) |\n\n**Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004**\n\n| Assent Date: | 23.11.04 |\n| Commencement Date: | Ss 4–23 on 1.1.05: s. 2(2) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 38) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, No. 6/2005**\n\n| Assent Date: | 27.4.05 |\n| Commencement Date: | S. 13(4) on 26.5.05: s. 2(2) |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 17) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Aboriginal Heritage Act 2006, No. 16/2006**\n\n| Assent Date: | 9.5.06 |\n| Commencement Date: | S. 198(Sch. 2 item 2) on 28.5.07: Government Gazette 24.5.07 p. 921 |\n\n**Justice Legislation (Further Amendment) Act 2006, No. 79/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 10–14, 86 on 11.10.06: s. 2(1) |\n\n**Drugs, Poisons and Controlled Substances Amendment (Repeal of Part X) Act 2007, No. 10/2007**\n\n| Assent Date: | 8.5.07 |\n| Commencement Date: | S. 5 on 1.7.07: s. 2(2) |\n\n**Confiscation Amendment Act 2007, No. 42/2007**\n\n| Assent Date: | 25.9.07 |\n| Commencement Date: | 26.9.07: s. 2 |\n| Current State: | All of Act in operation |\n\n**Relationships Act 2008, No. 12/2008**\n\n| Assent Date: | 15.4.08 |\n| Commencement Date: | S. 73(1)(Sch. 1 item 7) on 1.12.08: s. 2(2) |\n\n**Police Integrity Act 2008, No. 34/2008**\n\n| Assent Date: | 1.7.08 |\n| Commencement Date: | S. 143(Sch. 2 item 2) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |\n\n**Racing Legislation Amendment (Racing Integrity Assurance) Act 2009,  \nNo. 52/2009**\n\n| Assent Date: | 8.9.09 |\n| Commencement Date: | S. 17 on 15.10.09: Government Gazette 15.10.09 p. 2637 |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 23) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 9) on 1.1.10: s. 2(2) |\n\n**Gambling Regulation Amendment (Licensing) Act 2010, No. 56/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 73 on 15.9.10: Special Gazette (No. 372) 14.9.10 p. 1 |\n\n**Consumer Affairs Legislation (Reform) Act 2010, No. 63/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 81(Sch. item 2) on 1.11.10: s. 2(2) |\n\n**Confiscation Amendment Act 2010, No. 68/2010** (as amended by Nos 73/2011, 81/2011)\n\n| Assent Date: | 12.10.10 |\n| Commencement Date: | Ss 4(1)(3), 5, 7, 14(1)(3), 15, 20–23, 28, 30, 32, 33, 67–69 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 9–11 never proclaimed, repealed by No. 73/2011 s. 20; ss 4(2)(4), 6, 8, 12, 13, 14(2), 16–19, 24–27, 29, 31, 34–66 on 1.4.12: s. 2(2) |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 37(Sch. item 1) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 15) on 22.6.11: s. 2(1) |\n\n**Sex Work and Other Acts Amendment Act 2011, No. 73/2011**\n\n| Assent Date: | 6.12.11 |\n| Commencement Date: | Ss 16–18 on 1.3.12: Special Gazette (No. 54) 28.2.12 p. 1 |\n\n**Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011, No. 75/2011**\n\n| Assent Date: | 13.12.11 |\n| Commencement Date: | S. 27 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 5) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | Ss 156, 157 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | Ss 3–14 on 18.12.13: s. 2(1) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| Assent Date: | 25.3.14 |\n| Commencement Date: | S. 160(Sch. 2 item 17) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 25) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | Ss 3–16, 54–59 on 27.8.14: s. 2(1); ss 17–47 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n\n**Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014**\n\n| Assent Date: | 26.8.14 |\n| Commencement Date: | S. 61 on 1.7.15; s. 2(2) |\n\n**Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014**\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | S. 61(1) on 1.11.14: s. 2(4); s. 61(2) on 1.11.14: s. 2(5); ss 3–42, 45–47 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; ss 43, 44 on 1.7.15: s. 2(7) |\n\n**Justice Legislation Amendment Act 2015, No. 20/2015**\n\n| *Assent Date:* | 16.6.15 |\n| *Commencement Date:* | Ss 3–7 on 17.6.15: s. 2(3) |\n\n**Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015**\n\n| *Assent Date:* | 22.9.15 |\n| *Commencement Date:* | S. 24 on 1.12.15: s. 2(2) |\n\n**Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016**\n\n| Assent Date: | 16.2.16 |\n| Commencement Date: | S. 17 on 20.10.16: s. 2(2) |\n\n**Confiscation and Other Matters Amendment Act 2016, No. 27/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | Ss 4–6, 9, 13–16, 18, 26 on 1.6.16: s. 2(1); ss 3, 7, 8, 10–12, 17, 19–25 on 1.9.16: Special Gazette (No. 270) 30.8.16 p. 1 |\n\n**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**\n\n| Assent Date: | 6.9.16 |\n| Commencement Date: | Ss 35, 36 on 1.7.17: s. 2(2) |\n\n**Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017**\n\n| Assent Date: | 14.6.17 |\n| Commencement Date: | S. 34 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 |\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| Assent Date: | 29.8.17 |\n| Commencement Date: | S. 76 on 30.8.17: s. 2(1); s. 43 on 1.5.18: s. 2(4) |\n\n**Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017, No. 40/2017**\n\n| Assent Date: | 12.9.17 |\n| Commencement Date: | Ss 24, 25 on 1.11.17: s. 2(2) |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 26) on 1.3.19: s. 2(2) |\n\n**Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018**\n\n| Assent Date: | 14.8.18 |\n| Commencement Date: | Ss 79–84 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019**\n\n| Assent Date: | 13.3.19 |\n| Commencement Date: | Ss 20, 81–83 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1; ss 28, 29 on 1.12.19: s. 2(3) |\n\n**Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019**\n\n| Assent Date: | 10.9.19 |\n| Commencement Date: | S. 48 on 1.6.20: s. 2(2) |\n\n**Primary Industries Legislation Amendment Act 2019, No. 40/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 97 on 1.2.20: s. 2(2) |\n\n**Water and Catchment Legislation Amendment Act 2021, No. 48/2021** (as amended by No. 10/2023)\n\n| Assent Date: | 3.11.21 |\n| Commencement Date: | S. 139 on 20.11.23: Special Gazette (No. 564) 24.10.23 p. 1 |\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022** (as amended by No. 44/2022)\n\n| Assent Date: | 1.3.22 |\n| Commencement Date: | Ss 63–65 on 1.12.23: s. 2(3) |\n\n**Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 25 on 30.7.23: s. 2(5) |\n\n**Major Crime and Community Safety Legislation Amendment Act 2022, No. 44/2022**\n\n| Assent Date: | 27.9.22 |\n| Commencement Date: | Ss 15–23, 47–52, 54–59, 62, 67–71 on 14.11.22: s. 2(2); ss 3–14, 24–46, 53, 60, 61, 63–66 on 1.8.23: s. 2(4) |\n\n**Confiscation Amendment (Unexplained Wealth) Act 2024, No. 26/2024**\n\n| Assent Date: | 6.8.24 |\n| Commencement Date: | Ss 3–47 on 20.3.25: s. 2(2) |\n\n**Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024**\n\n| Assent Date: | 3.12.24 |\n| Commencement Date: | S. 70 on 1.7.25: s. 2(2) |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2025, No. 55/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 3–7 on 10.12.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Pt 4 (Headings and ss 36H−40B) (as inserted by No. 68/2010 (as amended by No. 73/2011 ss 21−23)):\n\n  S. 36Q (*repealed prior to commencement*): Section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010 (*repealed*) initially included section 36Q in the proposed new Part 4 of the **Confiscation Act 1997**. However, section 21(1) of the **Sex Work and Other Acts Amendment Act 2011**, No. 73/2011 (*repealed*) amended section 49 of the **Confiscation Amendment Act 2010** , No. 68/2010 (*repealed*) by repealing section 36Q.\n\n  S. 36R(2) (*repealed prior to commencement*): Section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010 (*repealed*) initially included section 36R(2) in the proposed new Part 4 of the **Confiscation Act 1997**. However, section 21(2)(b) of the **Sex Work and Other Acts Amendment Act 2011**, No. 73/2011 (*repealed*) amended section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010 (*repealed*)  by repealing section 36R(2).\n\n  S. 36V(3) (*repealed prior to commencement*): Section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010 (*repealed*) initially included section 36V(3) in the proposed new Part 4 of the **Confiscation Act 1997**. However, section 22(b) of the **Sex Work and Other Acts Amendment Act 2011**, No. 73/2011 (*repealed*) amended section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010  (*repealed*) by repealing section 36V(3).\n\n  S. 40B(3) (*repealed prior to commencement*): Section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010 (*repealed*) initially included section 40B(3) in the proposed new Part 4 of the **Confiscation Act 1997**. However, section 23(b) of the **Sex Work and Other Acts Amendment Act 2011**, No. 73/2011 (*repealed*) amended section 49 of the **Confiscation Amendment Act 2010**, No. 68/2010  (*repealed*) by repealing section 40B(3). [↑](#endnote-ref-2)","sortOrder":365}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":14,"completionTokens":5184},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally focused on post-conviction forfeiture of proceeds for specific offences, the Act has expanded into a multi-track regime. It now includes automatic forfeiture for serious drug offenders, civil forfeiture without any criminal conviction, unexplained wealth confiscation based on an inability to prove lawful acquisition (including a debt-based unexplained wealth order mechanism), and extensive information-gathering and account-freezing powers. This scope far exceeds the original 1997 framework."},"complexity_factors":["Multiple overlapping confiscation regimes — criminal forfeiture, automatic forfeiture, civil forfeiture, unexplained wealth forfeiture, pecuniary penalty orders, and freezing orders — each with distinct procedural rules, standards of proof, and time limits.","Over 50 defined terms in section 3 alone, including layered concepts such as 'tainted property', 'derived property', 'effective control', 'serious criminal activity', and 'unexplained wealth'.","Numerous conditional exclusion mechanisms (e.g., ss 20–22A, 36U–36V, 40A–40B, 40R–40S, 49–54) with varying tests for third-party innocence, sufficient consideration, and lawful acquisition.","Jurisdictional complexity across four courts (Supreme, County, Magistrates’, Children’s) with differing monetary limits and powers depending on the order type and offence schedule.","Extensive cross-referencing between Parts and Schedules, including two offence schedules that trigger different automatic consequences.","Nested exceptions and protections (e.g., protected property for serious drug offenders, hardship relief, mortgagee protections, and limitations on self-incrimination).","Layered transitional provisions from more than 15 amendment Acts, creating historical applicability rules dating back to 1997."],"plain_english_summary":"**What this law does**\n\nThe *Confiscation Act 1997* allows Victorian police and prosecutors to seize money, real estate, vehicles, bank accounts and other assets linked to serious crime — even if those assets have been transferred to someone else or converted into different forms (for example, proceeds used to buy a house).\n\n**Who it affects**\n\n- People charged with or convicted of serious offences, particularly drug trafficking, organised crime, and other major crimes listed in the Act’s Schedules.\n- Family members, business partners or other third parties who hold an interest in property that authorities believe is tainted by crime.\n- Banks and other financial institutions, which can be ordered to freeze accounts.\n\n**The main tools**\n\n- **Restraining orders:** Court orders that freeze property so it cannot be sold, mortgaged or given away while a case is ongoing. Different types exist for criminal cases, civil forfeiture, and unexplained wealth.\n- **Forfeiture:** Permanent loss of ownership of property. This can happen by court order after a conviction, automatically after conviction for some serious offences, through civil proceedings even without a conviction, or because a person cannot prove their wealth was lawfully acquired.\n- **Unexplained wealth orders:** A court can order a person to pay the State a debt equal to the value of wealth they cannot prove was lawfully earned. If unpaid, restrained property may be forfeited to satisfy the debt.\n- **Pecuniary penalty orders:** A court can order a convicted offender to pay the State an amount equal to the financial benefit they gained from the offence.\n- **Freezing orders:** Police can quickly freeze bank accounts for short periods to stop money being moved before a full restraining order is obtained.\n- **Information-gathering powers:** The Act includes search warrants, production orders (forcing people to hand over documents), monitoring orders, examination orders (requiring someone to answer questions), and notices requiring people to declare their property interests.\n\n**Protections for innocent parties**\n\n- **Exclusion orders:** Third parties who were not involved in crime and who lawfully acquired property (for example, by paying fair market value) can apply to have their interest excluded from restraining and forfeiture orders.\n- **Hardship relief:** Courts can order payments from forfeited property to dependants or others facing undue hardship.\n- **Protected property:** Essential items such as necessary clothing, tools of trade, or a primary vehicle (up to a value limit) generally cannot be included in serious drug offence restraining orders.\n\n**Why it matters**\n\nThe law aims to remove the financial incentive behind organised and serious crime by confiscating profits and tools of the trade. It also prioritises payments to victims of crime for restitution or compensation before the State keeps any forfeited money."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Proceeds of crime legislation in Australia has consistently expanded beyond its original scope over successive amendments. What began as a mechanism to strip convicted offenders of identifiable criminal profits has broadened to include civil forfeiture (no conviction required), unexplained wealth provisions, and wider categories of 'serious' offences. Third parties and associates are now far more exposed than the original legislative framework contemplated."},"complexity_factors":["Multiple distinct legal mechanisms operating simultaneously (restraining orders, forfeiture orders, pecuniary penalty orders, civil forfeiture) each with different thresholds and procedures","Different evidentiary standards apply depending on the type of order sought, some lower than criminal conviction standard","Interaction between civil and criminal proceedings creates complex procedural questions about timing and rights","Third-party rights and protections involve separate legal pathways that intersect with the main confiscation proceedings","Provisions allowing asset seizure without conviction (civil forfeiture) raise complex constitutional and rights-based questions","Extensive definitions of key concepts like 'proceeds of crime' and 'benefit' that determine what property is caught","Significant amendments over time (as indicated by consolidated version history) layering additional complexity","Interaction with Commonwealth proceeds of crime legislation creates jurisdictional complexity","Reversing of normal legal presumptions (e.g., property presumed to be proceeds of crime in certain circumstances) is counterintuitive for lay readers"],"plain_english_summary":"## Confiscation Act 1997 (Victoria)\n\n**What is this law?**\nThis is a Victorian law that allows the government to seize (take away) assets and property connected to serious criminal activity. It is essentially a law about taking the proceeds of crime — the money, property, or other benefits someone gained from committing crimes.\n\n**Who does it affect?**\n- People charged with or convicted of serious criminal offences in Victoria\n- Their family members or associates who may hold assets on their behalf\n- Innocent third parties who have a legitimate interest in property that gets caught up in confiscation proceedings\n- Law enforcement agencies (Police, Director of Public Prosecutions) who use these powers\n\n**What can actually happen under this law?**\n- Police or prosecutors can apply to freeze your assets (called a **restraining order**) even before you're convicted — just being charged can be enough\n- After conviction, the government can apply to permanently confiscate property it believes came from crime (**forfeiture orders**)\n- The government can also pursue a **pecuniary penalty order** — essentially a debt you owe the state equal to the benefit you gained from crime, even if the actual assets are gone\n- In some cases, assets can be forfeited based on a pattern of criminal behaviour without a specific conviction being required\n\n**Why does it matter?**\nThis law has serious consequences beyond a criminal sentence. You can lose your house, car, savings, or business. Critically, the burden of proof (the standard of evidence required) is lower than in a criminal trial — meaning it can be easier for the government to take your property than to convict you of a crime. Third parties (like a spouse who jointly owns a home) can also be significantly affected even if they did nothing wrong."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The original 1997 Act focused on forfeiture of proceeds of crime after conviction for specific offences (Schedule 1) and automatic forfeiture for drug trafficking and other serious offences (Schedule 2). Over time, the scope has expanded significantly: the 2010 amendments introduced a full civil forfeiture regime that does not require a criminal conviction; the 2014 amendments added unexplained wealth provisions allowing forfeiture based on inability to prove lawful acquisition; the 2024 amendments introduced unexplained wealth orders (a debt-based pathway) with a lower evidentiary threshold. The Act now covers far more types of property, includes freezing orders and extensive information-gathering powers, and applies to a wider range of offences, including those with financial thresholds."},"complexity_factors":["Over 200 pages and 194 sections plus schedules","Numerous defined terms (over 80 in section 3 alone) with cross-references and context-specific meanings","Multiple distinct regimes (restraining orders, freezing orders, forfeiture on conviction, automatic forfeiture, civil forfeiture, unexplained wealth orders) with overlapping conditions","Heavy use of conditional logic: nested exceptions, multiple grounds for exclusion orders, and timelines that depend on appeals and pending applications","Extensive cross-referencing between Parts and sections (e.g., definitions that vary by context)","Long list of transitional provisions (sections 157 to 194) dealing with amendments over nearly 30 years","Schedules 1 and 2 list hundreds of specific offences with value thresholds and exceptions"],"plain_english_summary":"This Victorian law allows the government to seize money, property, and other assets that are connected to certain serious crimes (called 'Schedule 1' and 'Schedule 2' offences) or that cannot be explained as lawfully acquired. It sets up several ways to freeze and take assets: after a conviction for certain offences, property can be automatically forfeited; the police can get court orders to freeze bank accounts or seize property while an investigation is ongoing; and in some cases, even without a criminal conviction, the government can go to court to take property it suspects was bought with crime money. There are also rules for dealing with unexplained wealth – if someone has assets that seem far beyond what they could have earned legally, the court can order them to pay the difference to the state. The law includes powers to search premises, monitor financial transactions, and require banks to hand over customer information. People who claim they have a legitimate interest in seized property can apply to court to get it back, but they must prove it was lawfully acquired. The proceeds from confiscated assets go into the state's consolidated fund and can be used for crime prevention and victim support. The Act is long and detailed, with many exceptions and procedures for each type of order."}},"importantCases":[],"_links":{"self":"/api/acts/confiscation-act-1997","history":"/api/acts/confiscation-act-1997/history","analysis":"/api/acts/confiscation-act-1997/analysis","conflicts":"/api/acts/confiscation-act-1997/conflicts","importantCases":"/api/acts/confiscation-act-1997/important-cases","documents":"/api/acts/confiscation-act-1997/documents"}}