Victorian Current Acts Victorian Current Acts(1) In addition to being subject to a civil forfeiture restraining order, property or an interest in property may be subject to either or both of the following—
(a) a restraining order under Part 2;
(b) an unexplained wealth restraining order.
(2) If a civil forfeiture restraining order and a restraining order under Part 2 made for the purposes of section 15(1)(a), (b) or (c) or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the civil forfeiture restraining order, to the extent to which 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 automatic forfeiture has occurred under section 35 in relation to a Schedule 2 offence;
(b) the property being able to be disposed of in accordance with section 44(2) because the property has been forfeited under section 36GA on the owner of the property being declared to be a serious drug offender;
(c) the property being able to be disposed of in accordance with section 44(2) because a forfeiture order under Division 1 of Part 3 has been made in relation to the same property or interest in property to which the civil forfeiture restraining order applies;
(d) 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;
(e) the civil forfeiture restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 36X;
(f) the property or interest in property being excluded from the operation of the civil forfeiture restraining order by a civil forfeiture exclusion order.
S. 36K inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).