Victorian Current Acts

LIQUOR CONTROL REFORM ACT 1998 - SECT 138

    (1)     The Magistrates' Court may order that any property that is or includes liquor that is seized or of which possession is taken under this Act is forfeited if the Court is satisfied that the liquor was supplied, or intended to be supplied, contrary to the provisions of any relevant licence or BYO permit.

S. 138(2) substituted by No. 3/2016 s. 91.

    (2)     An appeal against an order of forfeiture under subsection (1) may be made—

        (a)     to the County Court; or

S. 138(2)(b) amended by No. 1/2022 s. 101.

        (b)     if the order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal.

    (3)     Any property forfeited under this section—

        (a)     must be sold or otherwise disposed of in accordance with the directions of the Magistrates' Court; and

        (b)     the proceeds (if any) of the sale or disposal are to be applied as if they were penalties.

S. 139 amended by No. 58/2011 s. 104(Sch. item 4.202).