Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (CONFISCATION AND OTHER MATTERS) ACT 2014 (NO. 79 OF 2014) - SECT 22

After section 48 of the Confiscation Act 1997 insert —

        " 48A     Discharge of unexplained wealth forfeiture in respect of an interest

    (1)     Unexplained wealth forfeiture under section 40ZA is discharged in respect of an interest in property—

        (a)     if a section 40ZD exclusion order in respect of the interest is made, whether on appeal or otherwise; or

        (b)     if a payment is made to discharge it in accordance with section 56 or 57.

    (2)     If unexplained wealth forfeiture is discharged in the manner referred to in subsection (1)(a), the applicant for the unexplained wealth restraining order must—

        (a)     as soon as practicable after the discharge, give written notice of the discharge to all persons whom the applicant has reason to believe may have had an interest in the property immediately before it was forfeited; and

        (b)     if required to do so by a court, give written notice of the discharge to a specified person or class of persons in the manner and within the time that the court considers appropriate.

    (3)     A notice under subsection (2) must include a statement to the effect that a person claiming to have an interest in the property immediately before it was forfeited may make an application under section 55.".