Victorian Numbered Acts Victorian Numbered ActsFor section 17(1) of the Confiscation Act 1997 substitute —
"(1) If, having regard to the matters referred to in sub-section (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant under section 16(1) or 16(2) to give notice of the application to any person whom the court has reason to believe has an interest in the property that is the subject of the application.
(1A) In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—
(a) the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose for which the restraining order is sought; and
(b) any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and
(c) any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and
(d) the provision made by this Act to enable a person claiming an interest in property the subject of a restraining order to apply for an exclusion order to protect that interest from the operation of the restraining order; and
(e) the limited duration of a restraining order; and
(f) the submissions, if any, made by the applicant in relation to the giving of notice.
(1B) In determining whether to direct an applicant to give notice of an application under section 16(1) or 16(2), the court may have regard to any other matter that the court considers relevant.
(1C) If the court does not require notice of an application under section 16(1) or 16(2) to be given under sub-section (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.".