Victorian Current Acts

CONFISCATION ACT 1997 - SECT 47

    (1)     Automatic forfeiture under section 35 is discharged in respect of an interest in property—

S. 47(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.36).

        (a)     if the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or

        (b)     if an exclusion order in respect of the interest is made, whether on appeal or otherwise; or

        (c)     if—

              (i)     in reliance on the deemed conviction of a person under section 4(1)(d) , automatic forfeiture has occurred in respect of the person; and

S. 47(1)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8).

              (ii)     after the occurrence of automatic forfeiture, 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

        (d)     if a payment is made to discharge it in accordance with section 56 or 57.

S. 47(1A) inserted by No. 55/2014 s. 34(1).

    (1A)     Automatic forfeiture under section 36GA is discharged in respect of an interest in property if—

        (a)     the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or

        (b)     an exclusion order in respect of the interest is made, whether on appeal or otherwise.

S. 47(2) amended by No. 55/2014 s. 34(2).

    (2)     If automatic forfeiture is discharged in the manner referred to in paragraph (a), (b) or (c) of subsection (1) or in subsection (1A), the DPP must—

        (a)     as soon as practicable after the discharge, give written notice of the discharge to all persons whom the DPP has reason to believe may have had an interest in the property immediately before it was forfeited; and

        (b)     if required to do so by a court, give written notice of the discharge to a specified person or class of persons in the manner and within the time that the court considers appropriate.

    (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.