Victorian Current Acts Victorian Current ActsS. 35(1) amended
by Nos 43/1998
s. 36(d), 42/2007 s. 9.
(1) If—
S. 35(1)(a) amended by No. 87/2004 s. 22(1)(h).
(a) a person is convicted of a Schedule 2 offence; and
(b) a restraining order is or was made under Part 2 in respect of property for the purposes of automatic forfeiture in reliance on—
S. 35(1)(b)(i) amended by No. 68/2009 s. 97(Sch. item 23.28(a)).
(i) the conviction of the accused of that offence; or
S. 35(1)(b)(ii) amended by Nos 87/2004 s. 22(1)(h), 68/2009 s. 97(Sch. item 23.28(b)).
(ii) the charging or proposed charging of the accused with that offence or a related offence that is a Schedule 2 offence; and
S. 35(1)(c) amended by No. 68/2010 s. 18(1)(a).
(c) the restrained property is not the subject of an exclusion order under section 22; and
S. 35(1)(ca) inserted by No. 68/2010 s. 18(1)(b).
(ca) the restrained property is not the subject of an application under section 20 that is still pending—
the restrained property, subject to any declaration under section 23, is forfeited to the Minister on the expiry of 60 days after—
(d) the making of the restraining order; or
S. 35(1)(e) amended by No. 68/2009 s. 97(Sch. item 23.28(a)).
(e) the conviction of the accused—
whichever is later.
S. 35(2) amended by Nos 43/1998
s. 36(d), 68/2010 s. 18(2), 77/2013 s. 5(1).
(2) If an application under section 20 in respect of restrained property is still pending on the expiry of the period of 60 days referred to in subsection (1), the property is forfeited to the Minister—
(a) if the application is refused or dismissed, at the end of the period during which the person may appeal against the refusal or dismissal or, if such an appeal is lodged, when the appeal is abandoned or finally determined without the order having been made; or
(b) if the application is withdrawn or struck out, on that withdrawal or striking out.
S. 35(2A) inserted by No. 77/2013 s. 5(2).
(2A) For the purposes of subsections (1) and (2), an application under section 20 is not pending unless an application under section 20(1) has been made—
(a) within the period referred to in section 20(1A); or
(b) where, under section 20(1B), the court has extended the period within which the application may be made—within the period as so extended and before the expiry of the period of 60 days referred to in subsection (1).
S. 35(3) amended by No. 87/2004 s. 22(1)(h).
(3) If a person is, by reason of section 4(1)(d), deemed to have been convicted of a Schedule 2 offence, the DPP may apply to the Supreme Court or the County Court for an order declaring the date of conviction for the purposes of this section.
S. 35(4) amended by No. 87/2004 s. 22(1)(h).
(4) On an application under subsection (3), the court must not make an order declaring the date of conviction of a person of a Schedule 2 offence unless it is satisfied that the person has absconded.
S. 35A (Heading) amended by No. 87/2004 s. 22(1)(i)(i)
S. 35A inserted by No. 63/2003 s. 13.