Victorian Current Acts Victorian Current Acts(1) In addition to being subject to an unexplained wealth 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) a civil forfeiture restraining order.
(2) If an unexplained wealth restraining order and a restraining order under Part 2 made for the purposes of section 15(1)(a), (b) or (c) or a civil forfeiture restraining order (or both) apply to the same property or interest in property, the unexplained wealth restraining order, 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 automatic forfeiture of the property 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 property;
(d) 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;
(e) the unexplained wealth restraining order being set aside in whole or in relation to the property or interest in property under section 40X;
(f) the property or interest in property being excluded from the operation of the unexplained wealth restraining order by an unexplained wealth forfeiture exclusion order.
S. 40F inserted by No. 79/2014 s. 16.