Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 10

Property in which the accused has an interest

For the purposes of an application under this Act in relation to an offence, property in which the accused has an interest includes—

S. 10(a) amended by No. 68/2009 s. 97(Sch. item 23.12).

        (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

S. 10(b) amended by No. 68/2009 s. 97(Sch. item 23.12).

        (b)     any property that was the subject of a gift from the accused to another person—

              (i)     within the period of 6 years before the first application made under this Act in respect of that offence; and

S. 10(b)(ii) amended by No. 68/2010 s. 37.

              (ii)     at any time if the application is made for the purposes of automatic forfeiture.



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