Confiscation Act 1997 (Vic)

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

Division 1—Civil forfeiture restraining orders

36HCivil forfeiture restraining orders

36IPurpose for which a civil forfeiture restraining order may be made

36KApplication for civil forfeiture restraining order

36LProcedure on application for civil forfeiture restraining order

36MDetermination of application for civil forfeiture restraining order

36NNotice of civil forfeiture restraining order to be given to persons affected

36ONotice requiring declaration of property interests

36PWhat must be included in a declaration of property interests?

36ROffences

36SCourt directions to provide information

36TAdmissibility of statement

36UApplication for exclusion from civil forfeiture restraining order

36VDetermination of application for exclusion from civil forfeiture restraining order

36WFurther orders

36XDuration and setting aside of civil forfeiture restraining order

36YRegistration of civil forfeiture restraining order

36ZContravention of civil forfeiture restraining order

36ZAPriority given to payment of restitution or compensation

36ZBState to pay restitution and compensation out of forfeited property etc.

Division 2—Civil forfeiture orders

37Application for civil forfeiture order

38Determination of application for civil forfeiture order

39Consent orders

40Forfeiture of property that may be used as evidence in trial

Division 3—Orders for exclusion from civil forfeiture orders

40AApplication for exclusion from civil forfeiture order

40BDetermination of application for exclusion from civil forfeiture order

Part 4A—Unexplained wealth

Division 1AA—Definitions

40BADefinitions

Division 1—Unexplained wealth restraining orders

40CUnexplained wealth restraining orders

40DPurpose for which an unexplained wealth restraining order may be made

40EProperty may be subject to both unexplained wealth restraining order and other orders

40EAProperty may be subject to more than one unexplained wealth restraining order

40FApplication for unexplained wealth restraining order

40GProperty lawfully acquired

40GABenefits lawfully derived

40GBServices and advantages lawfully obtained

40HProcedure on application for unexplained wealth restraining order

40IDetermination of application under section 40F(1) or (2) for unexplained wealth restraining order

40IADetermination of application under section 40F(2A) for unexplained wealth restraining order

40JNotice of unexplained wealth restraining order to be given to persons affected

40KNotice requiring declaration of interests in restrained property

40LWhat must be included in a declaration of interests in restrained property?

40MNotice to person suspected of engaging in serious criminal activity

40NWhat must be included in a declaration by an owner of property?

40OOffences

40PCourt directions to provide information

40QAdmissibility of statement

40RApplication for exclusion from unexplained wealth restraining order

40SDetermination of application for exclusion from unexplained wealth restraining order

40TEvidentiary requirements for exclusion order

40UApplication for substitution order

40VDetermination of application for substitution order

40WFurther orders

40XSetting aside of unexplained wealth restraining order

40XAUnexplained wealth restraining order under section 40IA ceases to be in force

40YRegistration of unexplained wealth restraining order

40ZContravention of unexplained wealth restraining order

Division 1A—Unexplained wealth order

40ZAAApplication for unexplained wealth order

40ZAABDetermination of application for unexplained wealth order

40ZAACAssessment of unexplained wealth

40ZAADEvidentiary requirements for respondent to unexplained wealth order

40ZAAEPrivilege against self-incrimination

40ZAAFUnexplained wealth order debt due to Crown

40ZAAGPayment of amount payable under unexplained wealth order

40ZAAHConsent order relating to forfeiture of property

Division 2—Forfeiture of unexplained wealth

40ZAForfeiture of unexplained wealth—serious criminal activity or property not lawfully acquired

40ZABProperty may be forfeited to satisfy unexplained wealth order

40ZBDeclaration that property has been forfeited

40ZCApplication for exclusion from unexplained wealth forfeiture

40ZDDetermination of application for exclusion from unexplained wealth forfeiture

Part 5—Effect of forfeiture

41Effect of forfeiture

42Power to discharge mortgage or charge

43Court may give directions

44Disposal of forfeited property

44ACertificate of disposal

45Relief from undue hardship

45ARelief from automatic forfeiture of property of serious drug offender

45BRelief from unexplained wealth forfeiture

45BARelief from debt imposed under unexplained wealth order

46Discharge of forfeiture order

47Discharge of automatic forfeiture in respect of an interest

48Discharge of civil forfeiture order

48ADischarge of unexplained wealth forfeiture in respect of an interest

Part 6—Exclusion orders

49Application for exclusion from forfeiture order

50Determination of exclusion application—forfeiture order

51Application for exclusion from automatic forfeiture

52Determination of exclusion application—automatic forfeiture

53Application for exclusion from automatic forfeiture of property of serious drug offender

54Determination of application from exclusion from automatic forfeiture of property of serious drug offender

Part 7—Return of property

55Application to Minister for return of property or payment of value

56Person with interest in forfeited property may buy back interest

57Buying out other interests in forfeited property

Part 8—Pecuniary penalty orders

Division 1—Pecuniary penalty orders following conviction

58Application for pecuniary penalty order

59Determination of application for pecuniary penalty order

60Consent orders

61Pecuniary penalty order does not prevent forfeiture

62Discharge of pecuniary penalty order

Division 3—General

67Assessment of benefits

68Assessment of benefits in relation to Schedule 2 offences

69Variation of pecuniary penalty order after successful appeal against restitution or compensation order

69AVariation of pecuniary penalty order after subsequent forfeiture

70Declaration that property available to satisfy order

71Court may give directions

72Charge on property subject to restraining order or declaration

73Disposal of property obtained to satisfy pecuniary penalty order

73ANotice of intention to sell charged land

73BPower of sale

73CSale to be treated as sale by mortgagee

73DPowers of Registrar of Titles

74Pecuniary penalty order debt due to Crown

Part 9—Powers of trustee

75Liability under forfeiture or pecuniary penalty order to be satisfied by trustee

76Provisions concerning the trustee

Part 10—Disposal orders

77Application for disposal order

78Disposal orders

Part 10A—Property management

78AMemorandum of understanding

78BCertificate of responsibility and power

Part 11—Search warrants

79Search warrants

79ASeizure warrants—public places

80Application for warrant

80AWarrant may authorise the giving of a direction requiring assistance from person with certain knowledge

80BPower to require assistance from person with certain knowledge

80COffence to fail to comply with order requiring assistance

81Warrant may be granted by telephone

82Record of proceedings for warrant

83Notice to occupier of premises entered under search warrant

84Duty to show search warrant

84ADuty to show seizure warrant

85Use of force

86Use of assistants to execute warrant

87Application of Magistrates' Court Act 1989

88Expiry of warrant

88ANotice of execution of seizure warrant

89Report on execution of warrant etc.

90Absence etc. of magistrate or judge who issued warrant

91Defects in warrants

92Seizure of property under search warrant

92ASeizure of digital asset under search warrant

93Embargo notice

94Search of persons under search warrant

95Obstruction or hindrance of person executing search warrant

95AApplication for property seized under search warrants under other Acts to be held or retained under this Act

95BWhat must be in the application?

95CCourt may make declaration

95DNotice of declaration

95EEffect of declaration

96Disposal of livestock or perishable property

97Return of seized property

Part 11A—Property management warrants

Division 1—Search and inspection warrants

97AApplication for search and inspection warrant

97BSearch and inspection warrant

97CRecord of proceedings for search and inspection warrant

97DAnnouncement before entry

97ECopy of search and inspection warrant to be given to occupier

97FUse of assistants to execute search and inspection warrant

97GApplication of Magistrates' Court Act 1989

97HExpiry of search and inspection warrant

97IReport on execution of warrant etc.

97JCopy of inventory to be given

97KDefects in search and inspection warrant

97LObstruction or hindrance of person executing search and inspection warrant

Division 2—Search and seizure warrants

97MApplication for search and seizure warrant

97NSearch and seizure warrant

97ORecord of proceedings for search and seizure warrant

97PAnnouncement before entry

97QCopy of search and seizure warrant to be given to occupier

97RUse of assistants to execute search and seizure warrant

97SApplication of Magistrates' Court Act 1989

97TExpiry of search and seizure warrant

97UReport on execution of search and seizure warrant etc.

97VDefects in search and seizure warrant

97WObstruction or hindrance of person executing search and seizure warrant

Part 12—Examination orders

98Order for examination

98AExamination notice

99Examination

Part 13—Information gathering powers

Division 1—Production orders

99ADefinition

100Application for production order

100AApplication for production order—unexplained wealth

101Production orders

102Powers under production orders

103Expiry of production order

104Report on execution of production order etc.

105Absence etc. of magistrate or judge who made production order

106Effect of production orders on proceedings etc.

107Variation of production orders

108Failure to comply with production order

Division 2—Search powers

109Application for search warrant for property-tracking documents

110Search warrants

111Expiry of warrant

112Application of Magistrates' Court Act 1989

113Authority conferred by search warrant

114Search for documents with consent

Division 3—Monitoring orders

115Application for monitoring order

116Monitoring orders

117Failure to comply with monitoring order

118Existence and operation of monitoring order not to be disclosed

Division 3A—Information notices

118ADefinition

118BChief Commissioner of Police may authorise police to issue information notices

118CWho can issue information notices?

118DIssuing information notices—authorised police officer

118EIssuing information notices—prescribed person

118FInformation notice to be signed and reasons recorded

118GWhat can an information notice require?

118HWhat must the information notice contain?

118IHow is an information notice given?

118JOffence to fail to comply with information notice

118KOffence to disclose existence of information notice

118LImmunity from suit

118MGiving of information notice to be disregarded for certain purposes

Division 3B—Credit information

118NAccess to and use of information held by credit reporting bodies

Division 4—Reports of suspect transactions

119Reports of suspect transactions

Division 4A—Sharing of information

119ACommunication of information between law enforcement agencies

Division 5—Interstate offences

120Ministerial arrangements for transmission of documents or information

Division 6—Document requests

120ADocument request relating to maintenance and management of property

120ABDocument request relating to enforcement of pecuniary penalty order

120BDocument request

120COffences

120CAOffence to disclose existence of document request

120DRequested documents to be provided—Court order

120EReturn of documents

Part 15—Interstate orders and warrants

124Definition

125Registration of interstate orders

126Effect of registration

127Duration of registration

128Cancellation of registration

129Charge on property subject to registered interstate restraining order

130Trustee may act as agent

131Interstate orders and search warrants

Part 16—Miscellaneous

132Standard of proof

133Nature of proceedings

133ACosts

134Crime Prevention and Victims' Aid Fund

134APayment of money realised into Consolidated Fund

134BPayment to other jurisdictions under equitable sharing program

135Conversion costs

136Duty not payable

137Service of documents

138Maximum fine for body corporate

139Law enforcement agency to provide information to Minister

139AReports to the Minister

140Secrecy

141Court may hear applications at same time

141AArrangements to avoid operation of Act

142Appeals

143Provision of legal aid

143ADelegation

144Operation of other laws not affected

144AValidation

145Supreme Court—limitation of jurisdiction

146Regulations

147Rules of court

148Review of introduction of new unexplained wealth pathway by Confiscation Amendment (Unexplained Wealth) Act 2024

Part 18—Consequential amendments and transitional provisions

157Transitional provisions—Enactment of Confiscation Act 1997

158Confiscation (Amendment) Act 2003—definition of tainted property transitional provision

159Confiscation (Amendment) Act 2003—declaration of property interests transitional provision

160Confiscation (Amendment) Act 2003—freezing orders transitional provision

161Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions

162Confiscation (Amendment) Act 2003—disposal orders transitional provision

163Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision

164Confiscation (Amendment) Act 2003—examination orders transitional provision

165Confiscation (Amendment) Act 2003—document requests transitional provisions

166Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions

167Confiscation (Amendment) Act 2003—Schedule 2—drug trafficking offences transitional provisions

168Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions

169Confiscation (Amendment) Act 2003—Schedule 2—money laundering transitional provisions

170Confiscation (Amendment) Act 2003—Schedule 2—attempts transitional provisions

171Confiscation (Amendment) Act 2003—Schedule 2—common law offences transitional provisions

172Interpretation of Legislation Act 1984

173Transitional—Crimes (Money Laundering) Act 2003

174Transitional—Major Crime Legislation (Seizure of Assets) Act 2004

175Transitional—Justice Legislation (Further Amendment) Act 2006

176Validation of certain exclusion orders—Confiscation Amendment Act 2007

177Existing applications for exclusion orders—Confiscation Amendment Act 2007

178Sufficient consideration—Confiscation Amendment Act 2007

179Transitional—Confiscation Amendment Act 2010

180Regulations dealing with transitional matters

181Confiscation Amendment Act 2010—proceedings for civil forfeiture generally

182Confiscation Amendment Act 2010—tainted property and derived property

183Confiscation Amendment Act 2010—freezing orders

184Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984

185Sex Work and Other Acts Amendment Act 2011—Schedule 1 offences transitional provision

186Sex Work and Other Acts Amendment Act 2011—Schedule 2 offences transitional provision

187Transitional—Independent Broad-based Anti-corruption Commission Act 2011

188Transitional—Criminal Organisations Control and Other Acts Amendment Act 2014

189Transitional—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014

190Transitional—Confiscation and Other Matters Amendment Act 2016

191Transitional provision—Crimes Amendment (Sexual Offences) Act 2016

192Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

193Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

194Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022

Schedules

Schedule 1—Offences—Forfeiture on court order

Schedule 2—Offences—Automatic forfeiture and civil forfeiture

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 099

Confiscation Act 1997

No. 108 of 1997

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to provide for the forfeiture of the proceeds of certain offences, whatever the form into which they have been converted;

(b)to provide for the automatic forfeiture of restrained property of persons convicted of certain offences in certain circumstances;

(c)to provide for the civil forfeiture by the Supreme Court or the County Court of property restrained on suspicion that it is tainted property in relation to a Schedule 2 offence;

(d)to provide for the forfeiture of property used in connection with the commission of certain offences;

(da)to provide for the forfeiture of property of a person who is unable to satisfy a court that the property was lawfully acquired;

(db)to provide for the imposition of a debt to the State on, and for the forfeiture of property of, a person who is unable to satisfy a court that their wealth was lawfully acquired;

(e)to provide for the freezing of assets;

(f)to provide for the destruction or disposal of certain illegal goods;

(g)to provide for the effective enforcement of this Act and the management of seized and restrained assets;

(h)to preserve assets for the purpose of restitution or compensation to victims of crime;

(i)to amend the Sentencing Act 1991 to provide for the sentencing of continuing criminal enterprise offenders;

(j)to repeal the Crimes (Confiscation of Profits) Act 1986;

(k)to make consequential amendments to certain other Acts.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day.

3Definitions

(1)In this Act—

access, in relation to data held in a computer, means—

(a)the display of the data by the computer or any other output of the data from the computer; or

(b)the copying or moving of the data to any other place in the computer or to a data storage device; or

(c)in the case of a program, the execution of the program;

account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes the following—

(a)a facility or arrangement for—

(i)a fixed term deposit; or

(ii)a safety deposit box;

(b)a credit card account;

(c)a loan account (other than a credit card account);

(d)an account held in the form of units in—

(i)a cash management trust; or

(ii)a trust of a kind prescribed by the regulations;

(e)a digital wallet, digital profile or any other facility or arrangement provided by a financial institution for the storing, buying, selling or exchanging of digital assets or claims to digital assets;

accused, in relation to an offence, means the person who—

(a)has been or will be charged with the offence; or

(b)has been convicted of the offence—

and in respect of whom an application is made under this Act;

appeal period, in relation to the conviction of an accused of an offence, means the period ending—

(a)if the period provided for the lodging of an appeal against the conviction has ended without such an appeal having been lodged, at the end of that period; or

(b)if an appeal against the conviction has been lodged, when the appeal is abandoned or finally determined;

appropriate officer means—

(a)in the case of an application to the Magistrates' Court or the Children's Court—the Chief Commissioner of Police; or

(b)in the case of an application that is prescribed by the regulations for the purposes of this paragraph or is of a class of applications that is so prescribed—a person so prescribed or a person belonging to a class of persons so prescribed;

AUSTRAC CEO means the Chief Executive Officer of the Australian Transaction Reports and Analysis Centre continued in existence by section 209 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;

automatic forfeiture means—

(a)forfeiture under section 35; or

(ab)forfeiture under section 36GA; or

(b)the making of a pecuniary penalty order on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence;

*                *                *                *                *

automatic forfeiture quantity has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;

bank means—

(a)the Reserve Bank of Australia; or

(b)an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

(c)a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth;

building society means a society registered or incorporated as a building society, co‑operative housing society or similar society under an Act or the laws of another State or a Territory;

business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;

cash dealer has the same meaning as in the Financial Transaction Reports Act 1988 of the Commonwealth;

civil forfeiture means forfeiture under, or in accordance with, Part 4;

civil forfeiture exclusion order means—

(a)a section 36V exclusion order; or

(b)a section 40B exclusion order;

*                *                *                *                *

civil forfeiture order means an order for forfeiture made under Division 2 of Part 4;

civil forfeiture restraining order means an order made under section 36M;

conversion costs means costs referred to in section 135;

corresponding law, in relation to this Act or a provision of this Act, means a law of the Commonwealth or another State or a Territory that is declared by the regulations to be a law that corresponds to this Act or the provision;

court means Supreme Court or County Court or, subject to section 12, the Magistrates' Court or Children's Court, as the case requires;

credit union means a credit union or credit society carrying on business under an Act or the laws of another State or a Territory;

data includes—

(a)information in any form; and

(b)any program or part of a program;

data held in a computer includes—

(a)data entered or copied into the computer; and

(b)data held in any removable data storage device for the time being in the computer; and

(c)data held in a data storage device on a computer network of which the computer forms part;

data storage device means any thing (for example, a disk, external hard drive or file server) containing or designed to contain data for use by a computer;

*                *                *                *                *

derived property—

(a)in relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order or in relation to unexplained wealth forfeiture or an unexplained wealth restraining order, has the meaning given in section 7A; and

(b)in any other case, has the meaning given in section 7B;

digital asset means a digital representation of value, or contractual rights, that may be transferred, stored or traded electronically;

*                *                *                *                *

disposal order means an order made under section 78;

document request means a request for documents made under Division 6 of Part 13;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

DPP means Director of Public Prosecutions for Victoria;

encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand which is or may be had, made or set up in, to, on or in respect of the property;

examination notice means a notice given under section 98A(1);

examination order means an order made under Part 12;

exclusion order means an order made under section 21, 22, 50(1) or 52(1), but does not include a civil forfeiture exclusion order;

facsimile copy means a copy obtained by facsimile transmission;

financial institution means—

(a)a bank; or

(b)a building society; or

(c)a credit union; or

(d)a body corporate that is or, if it had been incorporated in Australia, would be, a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth; or

(da)a provider of a registrable digital currency exchange service within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; or

(e)a casino operator within the meaning of the Casino Control Act 1991; or

(f)the holder of the wagering licence under Part 3 of Chapter 4 of the Gambling Regulation Act 2003; or

(g)a prescribed entity or an entity of a prescribed class;

fixed term deposit means an interest bearing deposit lodged for a fixed period;

*                *                *                *                *

forfeiture order means an order made under Division 1 of Part 3;

freezing order means an order made under section 31F;

gift, in relation to property, includes a transfer for a consideration significantly less than the greater of—

(a)the prevailing market value of the property; or

(b)the consideration paid by the accused or, in relation to civil forfeiture or unexplained wealth forfeiture, the transferor of the property;

information notice means a notice issued under section 118D or 118E;

interest, in relation to property, means—

(a)a legal or equitable estate or interest in the property; or

(b)a right, power or privilege over, or in connection with, the property;

interstate forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;

interstate offence means an offence against the laws of the Commonwealth or another State or a Territory, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of the Commonwealth or that State or Territory;

interstate pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;

interstate restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;

law enforcement agency means—

(a)the DPP; or

(b)Victoria Police; or

(ba)any other prescribed authority, person or class of person responsible for the performance of functions or activities under this Act directed to—

(i)the management of property seized under this Act or property in respect of which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order is made (other than a trustee); or

(ii)the enforcement of this Act; or

(iii)the enforcement of orders made under this Act; or

(c)any other authority or person responsible for the investigation or prosecution of offences against the laws of—

(i)Victoria or any other State; or

(ii)the Commonwealth; or

(iii)the Australian Capital Territory or the Northern Territory of Australia—

that is prescribed for the purposes of this definition;

legal practitioner means an Australian legal practitioner;

monitoring order means an order made under section 116;

occupier, in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more;

partly discharged, in respect of a mortgage, means a payment has been made to reduce the liability under that mortgage, whether or not the reduction in liability is recorded on a register kept by a registration authority;

pecuniary penalty order means an order made under Part 8;

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes vessel, aircraft, vehicle and any place (other than a public place), whether built upon or not;

proceeds, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence;

production order means an order made under section 101;

property means real or personal property of every description, whether situated within or outside Victoria and whether tangible or intangible, and includes any interest in any such real or personal property;

property-tracking document means—

(a)a document relevant to—

(i)identifying, locating or quantifying property in which a person has an interest; or

(ii)identifying or locating any document necessary for the transfer of property in which a person has an interest; or

(b)a document relevant to—

(i)identifying, locating or quantifying tainted property; or

(ii)identifying or locating any document necessary for the transfer of tainted property; or

(c)a document relevant to—

(i)identifying, locating or quantifying property that has not been lawfully acquired; or

(ii)identifying or locating any document necessary for the transfer of property that has not been lawfully acquired;

protected property has the meaning given by section 24(2);

relevant period means the period of 6 months, or any longer period that is fixed by the court before which the person was convicted on an application made by the DPP or an appropriate officer, as the case may be, on notice to that person during that period of 6 months, after—

(a)if the person is to be taken to have been convicted of the offence by reason of section 4(1)(a)—the day on which the person was convicted of the offence;

(b)if the person is to be taken to have been convicted of the offence by reason of section 4(1)(b)—the day on which the person was found guilty of the offence;

(c)if the person is to be taken to have been convicted of the offence by reason of section 4(1)(c)—the day on which the offence was taken into account;

reportable details, in relation to a transaction, means the details of the transaction that are referred to in Schedule 4 to the Financial Transaction Reports Act 1988 of the Commonwealth;

reporting entity has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;

restrained property means property, including an interest in property, to which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order applies;

restraining order means an order made under section 18, including a serious drug offence restraining order;

Schedule 1 offence means an offence referred to in Schedule 1 and, in Parts 11 and 13, includes an interstate offence;

Schedule 2 offence means an offence referred to in Schedule 2 and—

(a)if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances; and

(b)in Parts 11 and 13, includes an interstate offence;

search warrant means (except in Division 2 of Part 13) a search warrant issued under Part 11 and in Division 2 of Part 13 means a search warrant issued under that Division;

Secretarymeans the Secretary to the Department of Justice and Community Safety;

section 36V exclusion order means an order made under section 36V excluding property or an interest in property from a civil forfeiture restraining order;

section 40B exclusion order means an order made under section 40B excluding property or an interest in property from a civil forfeiture order;

section 40S exclusion order means an order made under section 40S excluding property or an interest in property from an unexplained wealth restraining order;

section 40ZD exclusion order means an order made under section 40ZD excluding property or an interest in property from an unexplained wealth forfeiture;

seizure warrant means a warrant issued under section 79A;

serious criminal activity has the meaning given in section 7C;

serious drug offence means an offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 committed in the circumstances specified (if any)—

(a)section 71 (trafficking in a drug or drugs of dependence—large commercial quantity);

(ab)section 71AA(2) (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity);

(b)section 72 (cultivation of narcotic plants—large commercial quantity);

(c)section 79(1) or 80(3)(a) (conspiracy)—where the conspiracy is to commit an offence specified in paragraph (a), (ab) or (b);

(d)section 80(1) (inciting)—where the offence that is incited is an offence specified in paragraph (a), (ab) or (b);

(e)section 80(3)(b) (aiding, abetting etc. an offence outside Victoria)—where the offence that is aided, abetted, counselled or procured is an offence that, if committed in Victoria, would be an offence specified in paragraph (a), (ab) or (b);

serious drug offence restraining order means a restraining order made under section 18 for the purpose referred to in section 15(1)(c);

serious drug offender means a person declared under section 89DI of the Sentencing Act 1991 to be a serious drug offender;

spouse of a person means a person to whom that person is married;

sufficient consideration, in relation to property, means consideration that reflects the market value of the property and does not include—

(a)consideration arising from the fact of a family relationship between the transferor and transferee;

(b)if the transferor is the spouse or domestic partner of the transferee, the making of a deed in favour of the transferee;

(c)a promise by the transferee to become the spouse or domestic partner of the transferor;

(d)consideration arising from love and affection;

(e)transfer by way of gift;

tainted property means—

(a)in the case of civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, property that—

(i)was used, or was intended to be used in, or in connection with, the commission of one or more Schedule 2 offences; or

(ii)was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or

(iii)was derived or realised, or substantially derived or realised, directly or indirectly, from the commission of one or more Schedule 2 offences; or

(iiia)is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or

(iv)is likely to be used, or intended to be used in, or in connection with, the future commission of one or more Schedule 2 offences; or

(b)in any other case, property that, in relation to an offence—

(i)was used, or was intended by the accused to be used in, or in connection with, the commission of the offence; or

(ii)was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or

(iii)was derived or realised, or substantially derived or realised, directly or indirectly, by any person from the commission of the offence; or

(iv)is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or

(c)in a case specified in either paragraph (a) or paragraph (b), property that—

(i)in the case of an offence against section 194 of the Crimes Act 1958, is proceeds of crime within the meaning of section 193 of that Act; or

(ii)in the case of an offence against section 195 of the Crimes Act 1958, is referred to in that section; or

(iii)in the case of an offence against section 195A of the Crimes Act 1958, becomes an instrument of crime within the meaning of section 193 of that Act;

trusteemeans—

(a)a trustee company within the meaning of the Trustee Companies Act 1984;

(b)an official liquidator within the meaning of the Corporations Act;

unexplained wealth forfeiture means forfeiture under section 40ZA or 40ZAB;

unexplained wealth forfeiture exclusion order means—

(a)a section 40S exclusion order; or

(b)a section 40ZD exclusion order;

unexplained wealth order means an order made under section 40ZAAB(3)(a) or (b);

unexplained wealth restraining order means an order under section 40I or 40IA;

unlawful activity means an act or omission that constitutes an offence against a law in force in the Commonwealth, Victoria or another State, a Territory or a foreign country punishable by imprisonment;

Victoria Legal Aid means Victoria Legal Aid established under the Legal Aid Act 1978.

(2)If under the Public Administration Act 2004 the name of the Department of Justice and Community Safety is changed, the reference in subsection (1) in the definition of Secretary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

(3)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

(4)For the purposes of the definition of account in subsection (1), it is immaterial whether—

(a)an account is closed; or

(b)an account has a nil balance; or

(c)any transactions have been allowed in relation to an account.

3AObjects

The main objects of this Act are—

(a)to deprive persons of the proceeds of certain offences and of tainted property; and

(b)to deter persons from engaging in criminal activity; and

(c)to disrupt criminal activity by preventing the use of tainted property in further criminal activity; and

(d)to undermine the profitability of serious criminal activity; and

(e)to disrupt criminal activity by preventing the use of wealth that is not lawfully acquired in further criminal activity; and

(f)to prevent the use and enjoyment of wealth that is not lawfully acquired.

4Meaning of conviction

(1)For the purposes of this Act, a person is deemed to have been convicted of an offence if—

(a)the person has been convicted of the offence; or

(b)the person has been charged with the offence and the court hearing the charge finds the person guilty of the offence but does not record a conviction; or

(c)the offence was taken into account by a court under section 100 of the Sentencing Act 1991 in sentencing the person for another offence; or

(d)the person has been charged with the offence but, before the charge is finally determined, the person absconds.

(2)For the purposes of this Act, a person who, because of subsection (1), is deemed to have been convicted of an offence, is deemed to have committed that offence.

5Meaning of absconds

For the purposes of this Act, a person is deemed to abscond if—

(a)the person is charged with an offence but dies without the charge having been determined; or

(b)the person is charged with an offence, a warrant to arrest the person is issued in relation to that charge and one of the following occurs—

(i)the person dies without the warrant being executed; or

(ii)at the end of the period of 6 months commencing on the day on which the warrant is issued—

(A)the person cannot be found; or

(B)the person is, for any other reason, not amenable to justice and, if the person is outside Victoria, extradition proceedings are not on foot; or

(iii)at the end of the period of 6 months commencing on the day on which the warrant is issued—

(A)the person is, by reason of being outside Victoria, not amenable to justice; and

(B)extradition proceedings are on foot—

and subsequently those proceedings terminate without an order for the person's extradition being made—

and either—

(c)the person was committed for trial for the offence; or

(d)a court makes an order that the evidence is of sufficient weight to prove the offence beyond reasonable doubt.

6Meaning of setting aside a conviction

For the purposes of this Act, a conviction is deemed to have been set aside—

(a)where the person is deemed to have been convicted by reason of section 4(1)(a)—if the conviction is set aside or a free pardon is granted by the Governor; or

(b)where the person is deemed to have been convicted by reason of section 4(1)(b)—if the finding of guilt is set aside; or

(c)where the person is deemed to have been convicted by reason of section 4(1)(c)—if the decision of the court to take the offence into account is set aside.

7Meaning of charged with an offence

(1)For the purposes of this Act, a person is deemed to have been charged with an offence if—

(a)an indictment has been filed against the person for the offence; or

(b)a charge has been filed against the person for the offence—

whether or not—

(i)a summons to answer to the charge; or

(ii)a warrant to arrest the person—

has been issued and served.

(2)A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.

7AMeaning of derived property—civil forfeiture

(1)In relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, derived property means—

(a)property used in, or in connection with, any unlawful activity; or

(b)property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity; or

(c)property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b).

Note

Property is defined as including any interest in property. See definition in section 3.

(2)Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).

7BMeaning of derived property—other cases

(1)In any case other than that referred to in section 7A, derived property means—

(a)property used in, or in connection with, any unlawful activity by—

(i)the accused; or

(ii)the applicant for an exclusion order; or

(b)property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity by—

(i)the accused; or

(ii)the applicant for an exclusion order; or

(c)property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b).

Note

Property is defined as including any interest in property. See definition in section 3.

(2)Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).

7CMeaning of serious criminal activity

For the purposes of this Act, serious criminal activity means—

(a)an act or omission or a course of conduct done or occurring in Victoria that constitutes one or more of the following—

(i)a Schedule 2 offence;

(ii)any other offence that is punishable by a term of imprisonment of 5 years or more and involves theft, fraud, obtaining financial benefit from the crime of another, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, commercial sexual services within the meaning of the Crimes Act 1958, production or distribution of child abuse material, drug cultivation, drug trafficking, forgery or homicide;

(iia)an offence against section 51E(1), 51F(1) or 51I(1) of the Crimes Act 1958;

(iii)an offence against section 7C, 59, 93, 94 or 96 of the Firearms Act 1996;

(iv)an offence against section 195 of the Crimes Act 1958;

(v)an offence of attempting to commit, or of conspiracy or incitement to commit, any offence referred to in the above paragraphs;

(vi)an offence against a law of the Commonwealth punishable by a term of imprisonment of 5 years or more that involves anything referred to in subparagraph (ii); or

(b)an act or omission or a course of conduct done or occurring in another jurisdiction that—

(i)constitutes an offence in that other jurisdiction; and

(ii)if done or occurring in Victoria, would constitute an offence referred to in paragraph (a).

8Related offences

For the purposes of this Act, two offences are related to one another if they are founded on the same facts or form or are part of a series of offences of the same or a similar character.

9Effective control of property

(1)For the purposes of this Act, property may be subject to the effective control of a person whether or not the person has an interest in it.

(1A)Property may be subject to the effective control of more than one person.

(1B)Property that is held on trust for the benefit of a person, or is otherwise subject to a person's beneficial ownership, is taken to be under the person's effective control.

(2)In determining whether or not property is subject to the effective control of a person or whether or not there are reasonable grounds to believe that it is, regard may be had to—

(a)shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and

(b)a trust that has a relationship to the property; and

(c)family, domestic, business or other relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b), and other persons.

10Property in which the accused has an interest

For the purposes of an application under this Act in relation to an offence, property in which the accused has an interest includes—

(a)any property that is, on the day when the first application is made under this Act in respect of that offence, subject to the effective control of the accused; and

(b)any property that was the subject of a gift from the accused to another person—

(i)within the period of 6 years before the first application made under this Act in respect of that offence; and

(ii)at any time if the application is made for the purposes of automatic forfeiture.

11Meaning of dealing with property

For the purposes of this Act, dealing with property of a person includes—

(a)if a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

(b)removing the property from Victoria; and

(c)receiving or making a gift of the property; and

(d)creating or assigning an interest in the property; and

(e)using the property to obtain or extend credit; and

(f)using credit secured against the property.

Note

Property is defined as including any interest in property: see section 3(1).

12Jurisdiction

(1)The jurisdiction given to the Children's Court by this Act is exercisable by the Criminal Division of that Court.

(1A)Despite the jurisdictional limit of the Magistrates' Court in civil proceedings, the Magistrates' Court may make a freezing order in respect of an account held with a financial institution, irrespective of the amount held in that account.

(2)The Magistrates' Court or the Children's Court must not make a restraining order or a forfeiture order in respect of real property.

(2A)The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining order in respect of real property.

(3)The Magistrates' Court or the Children's Court must not, in relation to a particular offence, make a restraining order in respect of property unless it is satisfied that the value of the property (together with the value of any other property in respect of which a restraining order has been granted in relation to that offence) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.

(4)The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular offence, make a forfeiture order in respect of property unless it is satisfied that the value of the property (together with the value of any other property that is the subject of any other undischarged forfeiture order made by that court in relation to that conviction) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.

(5)The Magistrates' Court or the Children's Court must not, in relation to the conviction of an accused for a particular offence, make a pecuniary penalty order against the accused unless it is satisfied that the amount payable under the order (together with the amount payable under any other undischarged pecuniary penalty order made against the accused by that court in relation to that conviction) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.

(5A)The Magistrates' Court or the Children's Court must not make an unexplained wealth restraining order in respect of property unless it is satisfied that the value of the property does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.

(6)If a person was convicted before the Magistrates' Court or the Children's Court and that court does not have jurisdiction to make a restraining order, forfeiture order or pecuniary penalty order because of the value of the property or the amount payable, then the Supreme Court and the County Court have jurisdiction.

(7)For the purposes of this section, the value of property is its value as determined by the court hearing the application.

(8)The County Court has jurisdiction under this Act to make any order, other than an order under section 141A, irrespective of the value of the property or the amount payable.

(9)The Magistrates' Court and the Children's Court do not have jurisdiction to make a civil forfeiture restraining order, a civil forfeiture exclusion order or a civil forfeiture order.

Note

Property is defined as including any interest in property: see section 3(1).

13Act to bind Crown

(1)This Act binds the Crown not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.

PART 2—RESTRAINING ORDERS OTHER THAN CIVIL FORFEITURE RESTRAINING ORDERS AND UNEXPLAINED WEALTH RESTRAINING ORDERS

14Restraining orders

(1)A restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt with by any person except in the manner and circumstances (if any) specified in the order.

(2)If a provision of this Act confers a power to apply for a restraining order in respect of property in which a person has an interest, the application may be made in respect of one or more of the following—

(a)specified property of the person;

(b)all the property of the person, including property acquired after the making of the order;

(c)specified property of the person and all other property of the person, including property acquired after the making of the order;

(d)all the property of the person, including property acquired after the making of the order, other than specified property;

(e)specified property of another person.

(3)If the court making a restraining order considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—

(a)a trustee specified in the order;

(b)a person holding a prescribed position within the Department of Justice and Community Safety;

(c)any other person specified by the court in the order.

(3A)A court, when making a restraining order, has power to give any other directions that are necessary to give effect to the restraining order.

(4)A restraining order may, at the time it is made or at a later time, provide for meeting—

(a)the reasonable living expenses (including the reasonable living expenses of any dependants); and

(b)reasonable business expenses—

of any person to whose property the order applies if the court that makes or made the order is satisfied that these expenses cannot be met from unrestrained property or income of the person.

(5)Subject to subsection (5A), a court, in making a restraining order, must not provide for the payment of legal expenses in respect of any legal proceeding, whether criminal or civil, and whether in respect of a charge to which the restraining order relates or otherwise.

(5A)A court may provide for the payment of legal expenses incurred by a mortgagee of property specified in the restraining order in a civil proceeding relating to the exercise of the mortgagee's power of sale over the restrained property, provided those expenses—

(a)do not include any expenses associated with an order made or a proceeding commenced under this Act; and

(b)are paid from the proceeds of sale of the restrained property.

(6)Subject to subsections (4) and (5), a restraining order may be made subject to any conditions that the court thinks fit.

(7)The court may refuse to make a restraining order if the DPP or another person or body on behalf of the State refuses or fails to give to the court any undertakings that the court considers appropriate concerning the payment of damages or costs in relation to the making and operation of the order.

15Purposes for which a restraining order may be made

(1)A restraining order may be made to preserve property or an interest in property in order that the property or interest will be available for any one or more of the following purposes—

(a)to satisfy any forfeiture order that may be made under Division 1 of Part 3;

(b)to satisfy automatic forfeiture of property that may occur under Division 2 of Part 3;

(c)to satisfy automatic forfeiture of property that may occur under Division 4 of Part 3;

(d)to satisfy any pecuniary penalty order;

(e)to satisfy any order for restitution or compensation under the Sentencing Act 1991.

(2)An application for a restraining order must state the purpose for which it is sought.

(3)If a court makes a restraining order in respect of property or an interest in property—

(a)the court must state in the order the purpose for which the property or interest is restrained; and

(b)if the court excludes property or an interest in property from the order in respect of a purpose, the court must state in the order whether the property or interest remains restrained for any other purpose and, if so, state that other purpose.

*                *                *                *                *

Note

Section 26 enables the court to make orders varying the property to which the restraining order relates.

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

(1)In addition to being subject to a restraining order under this Part, property or an interest in property may be subject to either or both of the following—

(a)a civil forfeiture restraining order;

(b)an unexplained wealth restraining order.

(2)If a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the restraining order under this Part, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following—

(a)the property being able to be disposed of in accordance with section 44(2) because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property or interest in property;

(b)the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA;

(c)the restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 27;

(ca)the restraining order ceasing to operate in whole or in relation to the property or interest in property under section 27A;

(d)the property or interest in property being excluded from the operation of the restraining order by an exclusion order.

16Application for restraining order

(1)If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence—

(a)the DPP 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 property in which the accused has an interest or which is tainted property in relation to that offence.

(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.

(2A)The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a serious drug offence restraining order in respect of property if—

(a)a member of the police force 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 serious drug offence; and

(ii)that person has an interest in the property; or

(b)a person has been charged with a serious drug offence and that person has an interest in the property; or

(c)a person has been convicted of a serious drug offence and that person has an interest in the property.

(3)An application under subsection (2) or (2A) for the purposes of automatic forfeiture may only be made before the end of the relevant period in relation to the conviction.

(4)An application under subsection (1), (2) or (2A) must be supported by an affidavit of—

(a)a police officer; or

(b)a person authorised by or under an Act to prosecute the relevant type of offence—

setting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs—

(c)in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and

(d)that—

(i)in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and

(ii)in the case of an application under subsection (2A)—the accused has an interest in the property; and

(e)if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that—

(i)a forfeiture order may be made in respect of the property; or

(ii)a pecuniary penalty order may be made against the accused; or

(iii)an order for restitution or compensation may be made under the Sentencing Act 1991.

(5)An application for a civil forfeiture restraining order or an unexplained wealth restraining order in relation to property or an interest in property does not preclude an application under this section in relation to the same property or interest in property.

(6)An application under subsection (1), (2) or (2A) in relation to property or an interest in property may be made more than once, whether on the same grounds or different grounds, for any purpose referred to in section 15(1).

(7)An application under subsection (1) in relation to property or an interest in property does not preclude an application under subsection (2) or (2A) in relation to the same property or interest in property.

(8)An application under subsection (2) in relation to property or an interest in property does not preclude an application under subsection (1) or (2A) in relation to the same property or interest in property.

(9)An application under subsection (2A) in relation to property or an interest in property does not preclude an application under subsection (1) or (2) in relation to the same property or interest in property.

17Procedure on application

(1)If, having regard to the matters referred to in subsection (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), (2) or (2A) 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), (2) or (2A), 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), (2) or (2A) to be given under subsection (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.

(2)Any person notified under subsection (1) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a restraining order.

(3)The court may—

(a)order that the whole or any part of the proceeding be heard in closed court; or

(b)order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or

(c)make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding.

(4)The court must cause a copy of any order made under subsection (3) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house.

(5)A person must not contravene an order posted under subsection (4).

Penalty:Imprisonment for 12 months or 1000 penalty units.

18Determination of application

(1)On an application under section 16(1), (2) or (2A), the court must make a restraining order if it is satisfied that the accused—

(a)has been, or within the next 48 hours will be, charged with; or

(b)has been convicted of—

a Schedule 1 offence, a Schedule 2 offence or a serious drug offence (as the case may be) and—

(c)it considers that, having regard to the matters contained in the affidavit supporting the application and to any other sworn or affirmed evidence before it, there are reasonable grounds for making the restraining order; and

(d)if the restraining order is being sought for a purpose referred to in section 15(1)(e), it is satisfied that—

(i)applications have been, or are likely to be, made for restitution or compensation under the Sentencing Act 1991 in respect of the Schedule 1 offence or Schedule 2 offence; and

(ii)the order of the court under the Sentencing Act 1991 is likely to exceed $20 000.

*                *                *                *                *

19Notice of restraining order to be given to persons affected

(1)If—

(a)a restraining order is made in respect of property of a person; and

(b)notice had not been given to that person of the application for the order—

the applicant must give written notice of the making of the order to that person.

(2)If a person to whom notice must be given under subsection (1) cannot be found after all reasonable steps have been taken to locate the person, the applicant must cause to be published in a newspaper circulating generally in Victoria a notice containing details of the restraining order or give notice to that person in any other manner that the court directs.

Note

Section 14 provides that a restraining order may be made in respect of property or an interest in property.

19ANotice requiring declaration of property interests

(1)If a restraining order is made in respect of property, a police officer must give a notice to each person who the applicant for the restraining order believes has an interest in that property requiring the person to give to the police officer a written declaration of property interests.

(2)A notice under subsection (1) must—

(a)be in the prescribed form; and

(b)state the effect of section 19C.

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

(1)A person who has been given a notice under section 19A must provide a written declaration of property interests that states whether that person—

(a)has an interest in the property; and

(b)believes that any other person has an interest in the property.

(1A)If the person making the declaration of property interests states that the person has an interest in the property, the person must also state in the declaration the nature and extent of that interest, including—

(a)in relation to a mortgage, the current value of the debt secured by the mortgage;

(b)in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

(2)If the person making the declaration of property interests believes that any other person has an interest in the property, the person making the declaration must state in the declaration to the best of his or her knowledge the name and address of every other person who has an interest in the property.

Notes

1 An interest in property is defined in section 3(1) as meaning—

(a) a legal or equitable estate or interest in the property; or

(b) a right, power or privilege over, or in connection with, the property.

2 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.

3 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.

19COffences

(1)A person who is given a notice under section 19A must not, without reasonable excuse, fail to give the declaration of property interests required by that notice to a police officer within 14 days after the notice is given to the person.

Penalty:Level 9 fine (60 penalty units maximum).

(2)A person who is given a notice under section 19A must not make a statement in the declaration of property interests required by that notice that is false or misleading in a material particular.

Penalty:Level 9 fine (60 penalty units maximum).

19DCourt directions to provide information

(1)If a person who has been given a notice under section 19A—

(a)is convicted of an offence under section 19C(1) or (2); and

(b)has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 19A—

(e)section 75A (armed robbery) where—

(i)only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;

(f)section 81(1) (obtaining property by deception) where—

(i)only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;

(g)section 82(1) (obtaining financial advantage by deception) where—

(i)only one offence is charged and the value of the financial advantage obtained is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the financial advantage obtained is $75 000 or more;

(h)section 87 (blackmail) where—

(i)only one offence is charged and the demand made is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;

(i)section 88 (handling stolen goods) where—

(i)only one offence is charged and the value of the goods in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the goods in respect of which the offences are committed is $75 000 or more;

(j)section 176 (receipt or solicitation of secret commission by an agent) where—

(i)only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;

(k)section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where—

(i)only one offence is charged and the amount intended to be defrauded is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more;

(l)section 179 (gift or receipt of secret commission in return for advice) where—

(i)only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;

(m)section 180 (secret commission to trustee in return for substituted appointment) where—

(i)only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;

(n)section 191 (fraudulently inducing persons to invest money) where—

(i)only one offence is charged and the value of the property (including any profit) in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property (including any profit) in respect of which the offences are committed is $75 000 or more;

(o)section 321(1) where the conspiracy is to commit an offence in the circumstances referred to in paragraphs (a) to (n).

2A.An offence against any of the following provisions of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022—

(a)section 6(1) (receiving payment for sexual services provided by a child);

(b)section 7(1) (agreement for provision of sexual services by a child);

*                *                *                *                *

(d)section 22(1) (carrying on business as a sex work service provider without licence or in breach of licence) where—

(i)only one offence is charged and $50 000 or more is received by the business; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business;

(e)section 22(3) (assisting in the carrying on of a sex work service providing business without licence or in breach of licence) where—

(i)only one offence is charged and $50 000 or more is received by the business; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business.

2B.An offence against any of the following provisions of the Casino Control Act 1991—

(a)section 153A(2) (bribery by a key official within the meaning of that Act) where—

(i)only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more;

(b)section 153A(3) (bribery of a key official within the meaning of that Act) where—

(i)only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or

(ii)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more.

*                *                *                *                *

3.An offence against section 122(1) of the Confiscation Act 1997 (money laundering) where the money or other property is proceeds of an offence committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 8 or 9, as in force immediately before its repeal by section 5(1) of the Crimes (Money Laundering) Act 2003.

3A.An offence against section 194(1), (2) or (3) of the Crimes Act 1958 where—

(a)only one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the value of the property dealt with is $50 000 or more; or

(b)more than one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property dealt with is $75 000 or more.

4.An offence of—

(a)conspiracy to commit; or

(b)being involved in the commission of—

an offence referred to in item 3.

Note

Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in the commission of offences.

4A.An offence of conspiracy to commit an offence referred to in item 10 in the circumstances referred to in that item.

5.An offence of attempting to commit any offence in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C (as in force immediately before its repeal by section 41(a) of the Racing and Gaming Acts (Amendment) Act 2004), 3, 8, 9 or 10.

6.A continuing criminal enterprise offence within the meaning of Part 2B of the Sentencing Act 1991 for which the offender is liable to be sentenced under that Part as a continuing criminal enterprise offender.

7.The common law offence of conspiracy to defraud where—

(a)only one offence is charged and the value of the property, financial advantage or economic loss in respect of which the offence is committed is $50 000 or more; or

(b)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property, financial advantage or economic loss in respect of which the offences are committed is $75 000 or more.

8.The common law offence of misconduct in public office where—

(a)only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or

(b)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.

9.The common law offence of bribery of a public official where—

(a)only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or

(b)more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.

10.An offence against section 111A, 111B or 111C of the Fisheries Act 1995 where the quantity of fish in respect of which the offence is committed is not less than 5 times the commercial quantity (within the meaning of that Act).

11.An offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) where—

(a)only one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the value of the payment or other consideration is $50 000 or more; or

(b)more than one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payment or other consideration is $75 000 or more.

12.An offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 where—

(a)only one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the value of the deficiency or the money not paid or delivered is $50 000 or more; or

(b)more than one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the deficiency or the money not paid or delivered is $75 000 or more.

13.An offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 where—

(a)only one offence against section 91(1)(a) of the Estate Agents Act 1980 is charged and the moneys fraudulently converted to own use are $50 000 or more; or

(b)only one offence against section 91(1)(b) of the Estate Agents Act 1980 is charged and the moneys fraudulently omitted to account for deliver or pay are $50 000 or more; or

(c)only one offence against section 91(1)(c) of the Estate Agents Act 1980 is charged and the discrepancy in the account fraudulently rendered is $50 000 or more; or

(d)more than one offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined moneys are $75 000 or more.

14.An offence against section 7C(1) of the Firearms Act 1996.

15.An offence against section 11A(4) of the Tobacco Act 1987.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 November 1997

Legislative Council: 4 December 1997

The long title for the Bill for this Act was "A Bill to provide for the forfeiture of the proceeds of crime and other property in certain circumstances, to amend the Sentencing Act 1991, to repeal the Crimes (Confiscation of Profits) Act 1986 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 13 November 1997

Legislative Council: 4 December 1997

Absolute majorities:

Legislative Assembly: 3 December 1997

Legislative Council: 10 December 1997

The Confiscation Act 1997 was assented to on 23 December 1997 and came into operation as follows:

Part 1 (sections 1–13) on 23 December 1997: section 2(1); rest of Act on 1 July 1998: Government Gazette 25 June 1998 page 1561.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Confiscation Act 1997 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date:	26.5.98
Commencement Date:	Ss 7–39 on 26.5.98: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998

Assent Date:	27.10.98
Commencement Date:	S. 16 on 27.10.98: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998

Assent Date:	13.11.98
Commencement Date:	Pt 3 (s. 5) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 11) on 1.1.99: s. 2(3)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Prostitution Control (Amendment) Act 1999, No. 44/1999

Assent Date:	8.6.99
Commencement Date:	S. 33 on 8.6.99: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000

Assent Date:	12.9.00
Commencement Date:	S. 25(2) on 1.1.01: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 25) on 22.11.00: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 13) on 1.6.01: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 21) on 15.7.01: s. 2
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001

Assent Date:	23.10.01
Commencement Date:	S. 11 on 1.1.02: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002

Assent Date:	18.6.02
Commencement Date:	S. 28(Sch. item 2) on 19.6.02: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Confiscation (Amendment) Act 2003, No. 63/2003

Assent Date:	30.9.03
Commencement Date:	Ss 4–42 on 1.12.03: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Crimes (Money Laundering) Act 2003, No. 104/2003

Assent Date:	9.12.03
Commencement Date:	Ss 5, 6 on 1.1.04: s. 2(3)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Fisheries (Further Amendment) Act 2003, No. 108/2003

Assent Date:	9.12.03
Commencement Date:	S. 8 on 10.12.03: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Gambling Regulation Act 2003, No. 114/2003

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 3) on 1.7.04: Government Gazette 1.7.04 p. 1843
Current State:	This information relates only to the provision/s amending the Confiscation 1997

Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004

Assent Date:	16.6.04
Commencement Date:	S. 41 on 1.7.04: s. 2(3)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date:	16.6.04
Commencement Date:	S. 133 on 17.6.04: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004

Assent Date:	19.10.04
Commencement Date:	S. 59 on 20.10.04: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004

Assent Date:	23.11.04
Commencement Date:	Ss 4–23 on 1.1.05: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 38) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, No. 6/2005

Assent Date:	27.4.05
Commencement Date:	S. 13(4) on 26.5.05: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 17) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Aboriginal Heritage Act 2006, No. 16/2006

Assent Date:	9.5.06
Commencement Date:	S. 198(Sch. 2 item 2) on 28.5.07: Government Gazette 24.5.07 p. 921
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:	10.10.06
Commencement Date:	Ss 10–14, 86 on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Drugs, Poisons and Controlled Substances Amendment (Repeal of Part X) Act 2007, No. 10/2007

Assent Date:	8.5.07
Commencement Date:	S. 5 on 1.7.07: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Confiscation Amendment Act 2007, No. 42/2007

Assent Date:	25.9.07
Commencement Date:	26.9.07: s. 2
Current State:	All of Act in operation

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 7) on 1.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Police Integrity Act 2008, No. 34/2008

Assent Date:	1.7.08
Commencement Date:	S. 143(Sch. 2 item 2) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Racing Legislation Amendment (Racing Integrity Assurance) Act 2009,
No. 52/2009

Assent Date:	8.9.09
Commencement Date:	S. 17 on 15.10.09: Government Gazette 15.10.09 p. 2637
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 23) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 9) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Gambling Regulation Amendment (Licensing) Act 2010, No. 56/2010

Assent Date:	14.9.10
Commencement Date:	S. 73 on 15.9.10: Special Gazette (No. 372) 14.9.10 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Consumer Affairs Legislation (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 81(Sch. item 2) on 1.11.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Confiscation Amendment Act 2010, No. 68/2010 (as amended by Nos 73/2011, 81/2011)

Assent Date:	12.10.10
Commencement Date:	Ss 4(1)(3), 5, 7, 14(1)(3), 15, 20–23, 28, 30, 32, 33, 67–69 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 9–11 never proclaimed, repealed by No. 73/2011 s. 20; ss 4(2)(4), 6, 8, 12, 13, 14(2), 16–19, 24–27, 29, 31, 34–66 on 1.4.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 37(Sch. item 1) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 15) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Sex Work and Other Acts Amendment Act 2011, No. 73/2011

Assent Date:	6.12.11
Commencement Date:	Ss 16–18 on 1.3.12: Special Gazette (No. 54) 28.2.12 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011, No. 75/2011

Assent Date:	13.12.11
Commencement Date:	S. 27 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 5) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 156, 157 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:	17.12.13
Commencement Date:	Ss 3–14 on 18.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 17) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 25) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	Ss 3–16, 54–59 on 27.8.14: s. 2(1); ss 17–47 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014

Assent Date:	26.8.14
Commencement Date:	S. 61 on 1.7.15; s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date:	21.10.14
Commencement Date:	S. 61(1) on 1.11.14: s. 2(4); s. 61(2) on 1.11.14: s. 2(5); ss 3–42, 45–47 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; ss 43, 44 on 1.7.15: s. 2(7)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	Ss 3–7 on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:	22.9.15
Commencement Date:	S. 24 on 1.12.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016

Assent Date:	16.2.16
Commencement Date:	S. 17 on 20.10.16: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Confiscation and Other Matters Amendment Act 2016, No. 27/2016

Assent Date:	31.5.16
Commencement Date:	Ss 4–6, 9, 13–16, 18, 26 on 1.6.16: s. 2(1); ss 3, 7, 8, 10–12, 17, 19–25 on 1.9.16: Special Gazette (No. 270) 30.8.16 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	Ss 35, 36 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	S. 34 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 76 on 30.8.17: s. 2(1); s. 43 on 1.5.18: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017, No. 40/2017

Assent Date:	12.9.17
Commencement Date:	Ss 24, 25 on 1.11.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 26) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 79–84 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
Current State:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	Ss 20, 81–83 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1; ss 28, 29 on 1.12.19: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 48 on 1.6.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:	6.11.19
Commencement Date:	S. 97 on 1.2.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Water and Catchment Legislation Amendment Act 2021, No. 48/2021 (as amended by No. 10/2023)

Assent Date:	3.11.21
Commencement Date:	S. 139 on 20.11.23: Special Gazette (No. 564) 24.10.23 p. 1
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Sex Work Decriminalisation Act 2022, No. 7/2022 (as amended by No. 44/2022)

Assent Date:	1.3.22
Commencement Date:	Ss 63–65 on 1.12.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	S. 25 on 30.7.23: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Major Crime and Community Safety Legislation Amendment Act 2022, No. 44/2022

Assent Date:	27.9.22
Commencement Date:	Ss 15–23, 47–52, 54–59, 62, 67–71 on 14.11.22: s. 2(2); ss 3–14, 24–46, 53, 60, 61, 63–66 on 1.8.23: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Confiscation Amendment (Unexplained Wealth) Act 2024, No. 26/2024

Assent Date:	6.8.24
Commencement Date:	Ss 3–47 on 20.3.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024

Assent Date:	3.12.24
Commencement Date:	S. 70 on 1.7.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Confiscation Act 1997

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Pt 4 (Headings and ss 36H−40B) (as inserted by No. 68/2010 (as amended by No. 73/2011 ss 21−23)):

S. 36Q (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36Q in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(1) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010 , No. 68/2010 (repealed) by repealing section 36Q.

S. 36R(2) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36R(2) in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(2)(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36R(2).

S. 36V(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36V(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 22(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36V(3).

S. 40B(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 40B(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 23(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 40B(3).