Victorian Current Acts Victorian Current Acts(1) A forfeiture order is discharged—
S. 46(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.35).
(a) if the conviction in reliance on which the order was made is subsequently set aside; or
(b) if—
(i) in reliance on the deemed conviction of a person under section 4(1)(d) , a forfeiture order has been made in respect of the person; and
S. 46(1)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8).
(ii) after the making of the order, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and
(iii) the person is acquitted, on appeal or otherwise; and
(iv) the person pays to the State any conversion costs notified to the person by the Minister; or
(c) if it is discharged by the court which hears an appeal against it under section 142; or
(d) if a payment is made to discharge it in accordance with section 56 or 57.
S. 46(2) amended by No. 43/1998
s. 18(a)(b).
(2) If a forfeiture order is discharged in the manner referred to in paragraph (a), (b) or (c) of subsection (1), the person on whose application the forfeiture order was made must, as soon as practicable after the discharge, give written notice of the discharge to all persons whom the first-mentioned person has reason to believe may have had an interest in the property immediately before it was forfeited.
(3) A notice under subsection (2) must include a statement to the effect that a person claiming to have had an interest in the property immediately before it was forfeited may make an application under section 55.