Victorian Current Acts Victorian Current ActsS. 49(1) amended
by Nos 43/1998
s. 36(l), 68/2009 s. 97(Sch. item 23.37).
(1) If property is forfeited, or is sought to be forfeited, to the Minister under a forfeiture order, a person (other than the accused) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited may, subject to subsection (2), apply to the court that made the forfeiture order or from which a forfeiture order is sought for an order under section 50.
(2) The application must, subject to subsection (3), be made at the same time as the application for a forfeiture order or, if a forfeiture order has been made, before the end of the period of 60 days commencing on the day on which the forfeiture order was made.
S. 49(3) amended by Nos 77/2013 s. 12(1), 44/2022 s. 18(1).
(3) Subject to subsections (3A) and (3B), the court that made the forfeiture order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant.
S. 49(3A) inserted by No. 77/2013 s. 12(2).
(3A) The court may not grant a person leave under subsection (3) to make an application in respect of property that has been disposed of in accordance with section 44.
S. 49(3B) inserted by No. 44/2022 s. 18(2).
(3B) The court may not grant a person leave under subsection (3) to make an application in respect of property that is money if the money was forfeited more than 6 months before the application for leave.
(4) An applicant must give written notice of the application, and of the grounds on which it is made—
(a) to the applicant for the forfeiture order; and
S. 49(4)(b) amended by No. 77/2013 s. 12(3)(a).
(b) to any other person whom the applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited; and
S. 49(4)(c) inserted by No. 77/2013 s. 12(3)(b).
(c) to a person prescribed for the purposes of section 44(1).
(5) Any person notified under subsection (4) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 50.
(6) If—
(a) the person referred to in subsection (4)(a) proposes to contest an application for an exclusion order; and
(b) the application is not made at the same time as the application for a forfeiture order—
that person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested.