Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 40P

Court directions to provide information

    (1)     If a person who has been given a notice under section 40K or 40M

        (a)     is convicted of an offence under section 40O(1), (2) or (3); and

        (b)     has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 40K or  40M

the court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests.

    (2)     If a person who has been given a notice under section 40K or 40M

        (a)     is convicted of any other offence; and

        (b)     has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 40K or  40M; and

        (c)     does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 40K or 40M

the court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests.

S. 40Q inserted by No. 79/2014 s. 16.



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