Confiscation Act 1997 (Vic)

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Version No. 099

Confiscation Act 1997

No. 108 of 1997

Version incorporating amendments as at


1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AObjects

4Meaning of conviction

5Meaning of absconds

6Meaning of setting aside a conviction

7Meaning of charged with an offence

7AMeaning of derived property—civil forfeiture

7BMeaning of derived property—other cases

7CMeaning of serious criminal activity

8Related offences

9Effective control of property

10Property in which the accused has an interest

11Meaning of dealing with property

12Jurisdiction

13Act to bind Crown

Part 2—Restraining orders other than civil forfeiture restraining orders and unexplained wealth restraining orders

14Restraining orders

15Purposes for which a restraining order may be made

15AProperty may be subject to both restraining order and other orders

16Application for restraining order

17Procedure on application

18Determination of application

19Notice of restraining order to be given to persons affected

19ANotice requiring declaration of property interests

19BWhat must be included in a declaration of property interests?

19COffences

19DCourt directions to provide information

19EAdmissibility of statement

20Application for exclusion from restraining order

21Determination of exclusion application—restraining order—Schedule 1 offence

22Determination of exclusion application—restraining order in relation to Schedule 2 offence

22ADetermination of exclusion application—serious drug offence restraining order

23Declaration that restraining order shall be disregarded for purposes of automatic forfeiture

24Protected property not to be included in serious drug offence restraining order

26Further orders

27Duration and setting aside of restraining order

27AProperty subject to multiple restraining orders

28Registration of restraining order

28ANo mortgage, charge or encumbrance to be registered on land subject to restraining order

29Contravention of restraining order

30Priority given to payment of restitution or compensation

31State to pay restitution and compensation out of forfeited property etc.

Part 2A—Freezing orders

31ADefinition

31BChief Commissioner of Police may authorise police to apply for freezing orders

31CFreezing order

31DApplication for freezing order

31EApplication may be made by telephone or other electronic communication

31FMaking of freezing order

31GNotice of freezing order

31HWhen does a freezing order take effect?

31IExtension of freezing orders

31JReport to Magistrates' Court on freezing order

31KFailure to comply with freezing order

31LOffence to disclose existence of freezing order

31MFreezing order to be disregarded for certain purposes

Part 3—Forfeiture of property

Division 1—Forfeiture on court order

32Application for forfeiture order

33Determination of application for forfeiture order

34Consent orders

Division 1A—Tainted property substitution declaration—forfeiture order

34AInterpretation

34BApplication for tainted property substitution declaration

34CCourt may make tainted property substitution declaration

Division 2—Automatic forfeiture after conviction

35Automatic forfeiture of restrained property on conviction of certain offences

35ASchedule 2 offences—application for court declaration

35BApplicant to notify accused

35CCourt may make declaration

36Declaration that property has been forfeited

Division 3—Tainted property substitution declaration—automatic forfeiture

36AInterpretation

36BApplication for tainted property substitution declaration

36CNotice of application

36DRight to appear and give evidence

36EHearing of application

36FDetermination of application

36GDeemed withdrawal of application

Division 4—Automatic forfeiture of property of serious drug offender

36GAAutomatic forfeiture of restrained property on declaration that person is serious drug offender

36GBDeclaration that property has been forfeited

Part 4—Civil forfeiture regime

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.