Victorian Current Acts Victorian Current ActsS. 73(1) amended
by No. 43/1998
s. 36(y).
(1) If property that is not money is obtained by the Minister under a pecuniary penalty order then, subject to subsection (2) and to any direction under subsection (4), the Minister or a prescribed person authorised by the Minister for the purposes of this subsection must, as soon as practicable after the property vests in the Minister, sell or otherwise dispose of the property.
S. 73(2) amended by No. 43/1998
s. 36(y).
(2) Except with the leave of the court which made the pecuniary penalty order, the Minister must not—
(a) dispose of, or otherwise deal with, the property; or
(b) authorise any other person or body to dispose of, or otherwise deal with, the property—
before the end of the appeal period.
(3) For the purposes of subsection (2), the appeal period ends when an appeal may no longer be lodged against either the pecuniary penalty order or the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is abandoned or finally determined.
S. 73(4) amended by No. 43/1998
s. 39(e).
(4) If property is obtained under a pecuniary penalty order, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may, before the property is dealt with under subsection (1), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.
(5) Without limiting subsection (4), the directions that may be given under that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.
S. 73(6) amended by No. 43/1998
s. 36(y)(z).
(6) If property is obtained by the Minister under a pecuniary penalty order, the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, may give all directions that are necessary or convenient to realise the Minister's interest in the property.
S. 73A inserted by No. 44/2022 s. 35.