Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), property that is the subject of an unexplained wealth restraining order is forfeited to the Minister on the expiry of 6 months after the making of the unexplained wealth restraining order.
(2) If, on the expiry of the 6 months referred to in subsection (1), an application under section 40R is still pending, the restrained property is forfeited to the Minister—
(a) if the application is refused or dismissed—
(i) at the end of the period during which the person may appeal against the refusal or dismissal; or
(ii) if an appeal against the refusal or dismissal 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(b) if the application is withdrawn or struck out—on that withdrawal or striking out.
(3) For the purposes of subsection (2), an application under section 40R is not pending unless an application under section 40R(1) has been made—
(a) within the period referred to in section 40R(2); or
(b) where, under section 40R(3), the court has extended the period in which the application may be made—within the period as so extended and before the expiry of the period of 6 months referred to in subsection (1).
S. 40ZB inserted by No. 79/2014 s. 16.