Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters—
S. 34C(1)(a) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).
(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
(b) that the property referred to in paragraph (a) is not available for forfeiture; and
(c) that the property which is to be substituted for the property referred to in paragraph (a)—
S. 34C(1)(c)(i) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).
(i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and
(ii) is of the same nature or description as the property referred to in paragraph (a).
(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.
S. 34C(3) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27).
(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.
(4) If the court makes a tainted property substitution declaration in respect of property, that property—
(a) is substituted for the property which is not available for forfeiture; and
(b) is deemed to be tainted property for the purposes of this Act.
Division 2—Automatic forfeiture after conviction