Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 134B

Payment to other jurisdictions under equitable sharing program

    (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.

    (2)     The Minister may give a direction under subsection (1) if—

        (a)     the other jurisdiction participates in an equitable sharing program with the State; and

        (b)     in the Minister's opinion, the other jurisdiction has made a significant contribution to the recovery of the forfeited property.

Example

The other jurisdiction has made a significant contribution to the investigation or prosecution of the illegal activity associated with the forfeited property.

    (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.

    (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).

    (5)     In this section—

"equitable sharing program" means an arrangement under which—

        (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

        (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.

S. 135 substituted by No. 43/1998
s. 33, amended by Nos 55/2014 s. 45, 79/2014 s. 39.



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