Victorian Current Acts

CONFISCATION ACT 1997 - SECT 15A

    (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—

        (a)     a civil forfeiture restraining order;

        (b)     an unexplained wealth restraining order.

    (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—

        (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;

        (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;

        (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;

S. 15A(2)(ca) inserted by No. 44/2022 s. 48.

        (ca)     the restraining order ceasing to operate in whole or in relation to the property or interest in property under section 27A;

        (d)     the property or interest in property being excluded from the operation of the restraining order by an exclusion order.