Victorian Numbered Acts

CONFISCATION AND OTHER MATTERS AMENDMENT ACT 2016 (NO. 27 OF 2016) - SECT 8

For section 16(2) of the Confiscation Act 1997 substitute —

    "(2)     If any of the circumstances specified in subsection (2AA) apply in relation to property—

        (a)     the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or

        (b)     an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court—

for a restraining order in respect of the property.

    (2AA)     An application for a restraining order under subsection (2) may be made in respect of property if—

        (a)     a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that—

              (i)     within the next 48 hours a person will be charged with a Schedule 2 offence; and

              (ii)     that person has an interest in the property or the property is tainted property in relation to that offence; or

        (b)     a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or

        (c)     a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence.".