VICIn ForceAct
Confiscation Act 1997
40TEvidentiary requirements for exclusion order
Start here
Get a plain-English read of 40T
Turn the raw legal text into a practical explanation grounded in Confiscation Act 1997.
40T Evidentiary requirements for exclusion order
(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.
(2) The court hearing the application may accept evidence other than documentary evidence if—
(a) that other evidence is provided in addition to documentary evidence of the transaction; or
(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.
S. 40U inserted by No. 79/2014 s. 16.