Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 6.13

Notice of order or declaration

    (1)     Subject to paragraph (2) and Rule 6.14, where notice is required to be given to any person of an order made by the Court under the Act, notice shall be given by serving a copy of the order on that person in accordance with section 137 of the Act.

    (2)     In the case of a restraining order made under Part 2 of the Act for the purpose of automatic forfeiture and in the case of an unexplained wealth restraining order made under Part 4A of the Act for the purpose of unexplained wealth forfeiture, a copy of the order shall be accompanied by a notice in Form 6–6M.

    (3)     If a restraining order, civil forfeiture restraining order, unexplained wealth restraining order, forfeiture order or civil forfeiture order under the Act is made by the Court upon the application of any person, notice of the order shall be given by the applicant to—

        (a)     each person who the applicant has reason to believe has an interest in any of the property which is subject to the order, unless that person was present when the order was made or was given notice of the making of the application for the order; and

        (b)     such other person as the Court directs.

    (4)     If a declaration is made by the Court—

        (a)     under section 35(3) of the Act, of the date on which a person (in respect of whom a restraining order has been made) is deemed to have been convicted of a Schedule 2 offence; or

        (b)     under section 36 of the Act, that property has been forfeited—

notice of the order containing the declaration shall be given by the applicant to—

        (c)     each person who the applicant has reason to believe had an interest in any of the property which is forfeited immediately before the property was forfeited, unless that person was present when the declaration was made or was given notice of the application for the declaration; and

        (d)     such other person as the Court directs.



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