Confiscation Amendment Act 2007
No. 42 of 2007
table of provisions
Section Page
1Purpose
2Commencement
3Principal Act
4Definitions
5Determination of exclusion application—restraining order—Schedule 1 offence
6Determination of exclusion application—restraining order—automatic forfeiture
7Declaration that restraining order shall be disregarded for purposes of automatic forfeiture
8Determination of exclusion application—restraining order—
civil forfeiture9Automatic forfeiture of restrained property on conviction of certain offences
10Determination of exclusion application—forfeiture order
11Determination of exclusion application—automatic forfeiture
12Determination of exclusion application—civil forfeiture order
13Assessment of benefits in relation to Schedule 2 offences
14Declaration that property available to satisfy order
15Order for examination
16Appeals
17New sections 176, 177 and 178 inserted
176Validation of certain exclusion orders—Confiscation Amendment Act 2007
177Existing applications for exclusion orders—Confiscation Amendment Act 2007
178Sufficient consideration—Confiscation Amendment Act 2007
18Miscellaneous amendments relating to property
19Repeal of Act
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SCHEDULE—Miscellaneous Amendments to the Principal Act Relating to Property
1Section 11
2Section 12
3Section 15
4Section 19
5Section 20
6Section 26
7Section 27
8Section 28
9Section 29
10Section 31
11Section 36
12Section 37
13Section 38
14Section 39
15Section 51
16Section 53
17Section 60
18Section 65
19Section 67
20Section 68
21Section 133A
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Endnotes
Confiscation Amendment Act 2007
No. 42 of 2007
[Assented to 25 September 2007]
The Parliament of Victoria enacts:
1Purpose
The main purpose of this Act is to amend the Confiscation Act 1997—
(a)to clarify the operation and scope of provisions relating to exclusion orders, including related appeal provisions; and
(b)to make miscellaneous amendments relating to interests in property which may be subject to orders under that Act.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Confiscation Act 1997 is called the Principal Act.
4Definitions
(1)In section 3(1) of the Principal Act insert the following definitions—
"derived property means property—
(a)used in, or in connection with, any unlawful activity by—
(i)the defendant; or
(ii)the person who is suspected of having committed a Schedule 2 offence; or
(iii)the applicant for an exclusion order; or
(b)derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity by—
(i)the defendant; or
(ii)the person who is suspected of having committed a Schedule 2 offence; or
(iii)the applicant for an exclusion order; or
(c)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 this section.
domestic partner of a person means 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…