Victorian Current Acts Victorian Current ActsS. 98(1)
substituted by No. 43/1998
s. 27.
(1) In this section, "relevant person" means the DPP or a prescribed person or a person belonging to a prescribed class of persons.
S. 98(2) substituted by No. 63/2003 s. 28.
(2) If a court is satisfied that—
S. 98(2)(a) substituted by No. 87/2004 s. 20(1), amended by No. 68/2009 s. 97(Sch. item 23.62(a)), substituted by No. 68/2010 s. 60(a), amended by No. 55/2014 s. 38(1)(a).
(a) an accused has been charged with or convicted of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence or a court has made—
(i) a restraining order against property under section 18 in relation to a Schedule 2 offence; or
S. 98(2)(a)(ia) inserted by No. 55/2014 s. 38(1)(b).
(ia) a serious drug offence restraining order against property under section 18; or
(ii) a civil forfeiture restraining order against property in relation to a Schedule 2 offence; and
(b) it is appropriate to make an order under this section—
the court may, on application by a relevant person, make an order for the examination before the court of any person concerning—
S. 98(2)(c) amended by Nos 87/2004 s. 20(2)(a), 68/2009 s. 97(Sch. item 23.62(b)).
(c) the affairs of the accused or any other person, including the nature and location of—
S. 98(2)(c)(i) amended by Nos 87/2004 s. 20(2)(b), 68/2009 s. 97(Sch. item 23.62(b)).
(i) any property in which the accused or person has or may have an interest; or
S. 98(2)(c)(ii) amended by No. 42/2007 s. 15.
(ii) any property which the applicant for the order believes on reasonable grounds to be tainted property or restrained property; and
(d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property.
S. 98(2A) inserted by No. 63/2003 s. 28, amended by Nos 87/2004 s. 20(3), 68/2009 s. 97(Sch. item 23.62), 55/2014 s. 38(2).
(2A) In determining whether it is appropriate to make an order under subsection (2) in respect of an accused who has been charged with a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the likelihood of the accused being convicted of the offence is not a relevant consideration.
S. 98(2B) inserted by No. 79/2014 s. 30(1).
(2B) If a court is satisfied that an unexplained wealth restraining order has been made against property and that it is appropriate to make an order under this section, the court may, on application by a relevant person, make an order for the examination before the court of any person concerning—
(a) the affairs of any person, including—
(i) any property in which the person or any other person has or may have an interest; or
(ii) any property to which the applicant for the order suspects on reasonable grounds has not been lawfully acquired; and
(b) issues connected with the effective management and maintenance of any property referred to in paragraph (a), including income, expenditure or liabilities in relation to the property.
S. 98(3) amended by No. 79/2014 s. 30(2)(a).
(3) An application for an order under subsection (2) or (2B) may be made by a relevant person to—
S. 98(3)(a) amended by Nos 87/2004 s. 20(4), 68/2009 s. 97(Sch. item 23.62(b)), 68/2010 s. 60(b).
(a) if a restraining order is or has been made in reliance on the charging or conviction of the accused, the court which made the restraining order; or
S. 98(3)(ab) inserted by No. 68/2010 s. 60(c).
(ab) if a civil forfeiture restraining order is or has been made in relation to a Schedule 2 offence, the court which made the civil forfeiture restraining order; or
S. 98(3)(ac) inserted by No. 79/2014 s. 30(2)(b).
(ac) if an unexplained wealth restraining order is or has been made, the court which made the unexplained wealth restraining order; or
(b) in any other case, any court.
S. 98(4) amended by No. 68/2009 s. 97(Sch. item 23.62(b)).
(4) The applicant must give written notice of an application under this section to the accused and any person whom the applicant seeks to examine under the order.
S. 98(5) amended by Nos 87/2004 s. 20(5), 55/2014 s. 38(3).
(5) For the purposes of an application under this section in respect of a Schedule 2 offence or a serious drug offence, it does not matter that the charge has been withdrawn or finally determined.
S. 98A inserted by No. 44/2022 s. 40.