Victorian Current Acts

CONFISCATION ACT 1997 - SECT 5

For the purposes of this Act, a person is deemed to abscond if—

        (a)     the person is charged with an offence but dies without the charge having been determined; or

        (b)     the person is charged with an offence, a warrant to arrest the person is issued in relation to that charge and one of the following occurs—

              (i)     the person dies without the warrant being executed; or

              (ii)     at the end of the period of 6 months commencing on the day on which the warrant is issued—

    (A)     the person cannot be found; or

    (B)     the person is, for any other reason, not amenable to justice and, if the person is outside Victoria, extradition proceedings are not on foot; or

              (iii)     at the end of the period of 6 months commencing on the day on which the warrant is issued—

    (A)     the person is, by reason of being outside Victoria, not amenable to justice; and

    (B)     extradition proceedings are on foot—

and subsequently those proceedings terminate without an order for the person's extradition being made—

and either—

        (c)     the person was committed for trial for the offence; or

S. 5(d) substituted by No. 44/2022 s. 56.

        (d)     a court makes an order that the evidence is of sufficient weight to prove the offence beyond reasonable doubt.

S. 6 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.7).

S. 6 amended by No. 68/2009 s. 97(Sch. item 23.8(a)).