Victorian Numbered Regulations Victorian Numbered RegulationsRegulation 9A
NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—CIVIL FORFEITURE RESTRAINING ORDER
Section 36O
IMPORTANT: DO NOT IGNORE THIS DOCUMENT
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
( Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages. )
To: ( insert name and address )
WHY YOU HAVE RECEIVED THIS NOTICE
A court has made a civil forfeiture restraining order in respect of certain property under the Confiscation Act 1997 . A copy of the civil forfeiture restraining order should be attached to this notice. The civil forfeiture restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the civil forfeiture restraining order believes that you have an interest in some or all of the property described in the civil forfeiture restraining order.
WHAT YOU MUST DO
You must make a declaration in writing. You may use the attached form to make your declaration.
The declaration must state—
• whether or not you have an interest in the property described in the civil forfeiture restraining order; and
• whether or not you believe that any other person has an interest in the property described in the civil forfeiture restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—
• in relation to a mortgage, the current value of the debt secured by the mortgage; and
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the civil forfeiture restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a member of the police force within 14 days after you were given this notice.
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Address for delivery of declaration: | |
WARNING
If you fail, without reasonable excuse, to make a declaration and give the declaration to a member of the police force within 14 days, you may be charged with a criminal offence and prosecuted under section 36R(1) of the Confiscation Act 1997 .
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 36R(3) of the Confiscation Act 1997 .
If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997 , but is not otherwise admissible in evidence against you.
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ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS I ( insert full name ) of ( address ) declare that— o I have an interest as stated below in property described in the civil forfeiture restraining order which I have been given; or o I do not have an interest in property described in the civil forfeiture restraining order which I have been given; and o I believe that another person as stated below has an interest in the property described in the civil forfeiture restraining order which I have been given; or o I do not believe that any other person has an interest in the property described in the civil forfeiture restraining order which I have been given. Nature and extent of my interest in the restrained property— ( insert statement of nature and extent of interest ) To the best of my knowledge the name and address of person(s) with an interest in the restrained property are— ( insert name(s) and address(es) ) Signature Signature of witness* Date *Declaration may be witnessed by any adult. |
r. 41
__________________".
(1) In Schedule 18 to the Principal Regulations, for—
" o whether an account is held in the name(s) specified below, and if so, the number and balance of that account
o the name(s) in which the account specified below is held and the balance of the account"
substitute —
" o whether an account is held in the name(s) specified below, and if so, the number and balance of that account and the account type
o the name(s) in which the account specified below is held, the balance of the account and the account type".
(2) In Schedule 18 to the Principal Regulations, after—
"Name/number of account
*Name(s) in which account held
*Account number
"
insert —
"Property details
*You have been issued this information notice because the following property is believed to be subject to a mortgage or other security interest in your favour:
(insert details of property)
You are only required to provide the information indicated above in respect of an account that relates to the mortgage or other security interest secured by the above property.
".
(3) In Schedule 18 to the Principal Regulations, for—
" *Delete whichever is inapplicable. "
substitute —
" *Delete words which are inapplicable. " .
43 Schedule 19 substituted
r. 43
For Schedule 19 to the Principal Regulations substitute —