Victorian Current Acts

CONFISCATION ACT 1997 - SECT 40I

    (1)     On an application under section 40F(1) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that—

        (a)     the deponent of the affidavit supporting the application does suspect that—

              (i)     a person has engaged in serious criminal activity; and

              (ii)     that person has an interest in the property sought to be restrained; and

              (iii)     in the case of property located outside Victoria—the serious criminal activity occurred in Victoria; and

              (iv)     the total value of the property is $50 000 or more; and

        (b)     there are reasonable grounds for the suspicion referred to in paragraph (a)(i), (ii) and (iii).

    (2)     The court may be satisfied that the deponent of the affidavit reasonably suspects that a person with an interest in the property has engaged in serious criminal activity—

        (a)     regardless of whether that person, or any other person, has been charged with, tried for, acquitted or convicted of, or has had a conviction quashed, pardoned or set aside for, an offence that is, or offences that are, suspected of constituting the serious criminal activity; and

        (b)     where more than one offence is specified as constituting the serious criminal activity—if the court is satisfied that the deponent reasonably suspects that the conduct of the person constitutes at least one of those offences.

    (3)     On an application under section 40F(2) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that—

        (a)     the deponent of the affidavit supporting the application does suspect that—

              (i)     the property sought to be restrained was not lawfully acquired; and

              (ii)     either—

    (A)     the property is located in Victoria; or

    (B)     the person who has acquired the property is ordinarily resident in Victoria; and

        (b)     there are reasonable grounds for that suspicion.

    (4)     For the purposes of subsection (3)(b), in determining whether there are reasonable grounds for suspecting that property was not lawfully acquired, the court may have regard to one or more of the following—

        (a)     the lawful income of a person with an interest in, or effective control of, the property;

        (b)     any suspected unlawful activity of a person with an interest in, or effective control of, the property;

        (c)     the prior ownership of the property and any suspected unlawful activity of a person, or persons, who previously owned the property;

        (d)     the circumstances under which the property has come to the attention of Victoria Police;

        (e)     any other relevant matter.

S. 40J inserted by No. 79/2014 s. 16.