(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; fixed term deposit means an interest bearing deposit lodged for a fixed period; S. 3(1) def. of forfeiture offence amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). * * * * * forfeiture order means an order made under Division 1 of Part 3; S. 3(1) def. of freezing order inserted by No. 63/2003 s. 5(1). freezing order means an order made under section 31F; S. 3(1) def. of gift amended by Nos 68/2009 s. 97(Sch. item 23.5), 68/2010 s. 35(6), 79/2014 s. 4(b). 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; S. 3(1) def. of information notice inserted by No. 63/2003 s. 5(1). information notice means a notice issued under section 118D or 118E;
S. 3(1) def. of partly discharged inserted by No. 27/2016 s. 4(2). 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; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 25.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of premises amended by No. 63/2003 s. 4(4). 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; S. 3(1) def. of document amended by No. 79/2014 s. 4(d). property-tracking document means— (a) a document relevant to— (i) identifying, locating or quantifying property in which a person has an interest; or
S. 3(1) def. of section 40ZD exclusion order inserted by No. 79/2014 s. 4(f). section 40ZD exclusion order means an order made under section 40ZD excluding property or an interest in property from an unexplained wealth forfeiture; S. 3(1) def. of seizure warrant inserted by No. 63/2003 s. 5(1). seizure warrant means a warrant issued under section 79A; S. 3(1) def. of serious criminal activity inserted by No. 79/2014 s. 4(f). serious criminal activity has the meaning given in section 7C; S. 3(1) def. of serious drug offence inserted by No. 55/2014 s. 17(c), amended by No. 79/2014 s. 61(1). 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); (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) or (b); (d) section 80(1) (inciting)—where the offence that is incited is an offence specified in paragraph (a) 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) or (b); S. 3(1) def. of serious drug offence restraining order inserted by No. 55/2014 s. 17(c). serious drug offence restraining order means a restraining order made under section 18 for the purpose referred to in section 15(1)(c); S. 3(1) def. of serious drug offender inserted by No. 55/2014 s. 17(c). serious drug offender means a person declared under section 89DI of the Sentencing Act 1991 to be a serious drug offender; S. 3(1) def. of spouse inserted by No. 42/2007 s. 4(1). spouse of a person means a person to whom that person is married; S. 3(1) def. of sufficient consideration inserted by No. 42/2007 s. 4(3). 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;
S. 3(1) def. of trustee amended by No. 44/2001 s. 3(Sch. item 21.1). trustee means— (a) a trustee company within the meaning of the Trustee Companies Act 1984; (b) an official liquidator within the meaning of the Corporations Act; S. 3(1) def. of unexplained wealth forfeiture inserted by No. 79/2014 s. 4(f). unexplained wealth forfeiture means forfeiture under section 40ZA; S. 3(1) def. of unexplained wealth forfeiture exclusion order inserted by No. 79/2014 s. 4(f). unexplained wealth forfeiture exclusion order means— (a) a section 40S exclusion order; or (b) a section 40ZD exclusion order; S. 3(1) def. of unexplained wealth restraining order inserted by No. 79/2014 s. 4(f). unexplained wealth restraining order means an order under section 40I; S. 3(1) def. of unlawful activity amended by No. 43/1998 s. 7. 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.
S. 12(4) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.13), 27/2016 s. 7. (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. S. 12(5) amended by Nos 87/2004 s. 6(1), 68/2009 s. 97(Sch. item 23.14), 27/2016 s. 7. (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. S. 12(5A) inserted by No. 79/2014 s. 8(2). (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. S. 12(6) amended by No. 63/2003 s. 7. (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
S. 26(5)(i) inserted by No. 63/2003 s. 9(2)(b). (i) an order directing a person to whose property the restraining order relates or who has an interest in that property to use or manage specified property to which the restraining order relates, subject to conditions specified in the order; S. 26(5)(j) inserted by No. 63/2003 s. 9(2)(b). (j) an order directing a person prescribed for the purposes of subsection (2)(da), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the restraining order relates. Example The court may direct the carrying out of repairs on restrained premises. Note to s. 26 inserted by No. 42/2007 s. 18(Sch. item 6). Note Property is defined as including any interest in property: see section 3(1). 27 Duration and setting aside of restraining order S. 27(1) amended by Nos 87/2004 s. 14(1)(a)(b), 68/2009 s. 97(Sch. item 23.22 (a)(b)), 55/2014 s. 27(1). (1) If, at the end of the period of 48 hours after the making of a restraining order (other than a serious drug offence restraining order) in reliance on the proposed charging of an accused with a Schedule 1 offence or a Schedule 2 offence, the accused has not been charged with the offence or a related offence that is a Schedule 1 offence or a Schedule 2 offence, whether or not in the same Schedule as the original offence, the order ceases to be in force at the end of that period.
S. 27(2) amended by No. 43/1998 s. 14(1), substituted by No. 87/2004 s. 14(2), repealed by No. 68/2010 s. 45(1), new s. 27(2) inserted by No. 55/2014 s. 27(2). (2) If— (a) a serious drug offence restraining order is made in reliance on the proposed charging of an accused with a serious drug offence; and (b) at the end of the period of 48 hours after the making of the serious drug offence restraining order, the accused has not been charged with the offence or a related offence that is a serious drug offence— the serious drug offence restraining order ceases to be in force at the end of that period. S. 27(3) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(a)), 55/2014 s. 27(3). (3) If, when a restraining order (other than a serious drug offence restraining order) was made in reliance on the charging, or proposed charging, of an accused with a Schedule 1 offence or a Schedule 2 offence or in reliance on the conviction of an accused of such an offence— S. 27(3)(a) amended by Nos 87/2004 s. 14(3)(a), 68/2009 s. 97(Sch. item 23.22(b)). (a) the charge is withdrawn and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the withdrawal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force on the expiry of 7 days after the charge is withdrawn; or S. 27(3)(b) amended by Nos 87/2004 s. 14(3)(a)(b), 68/2009 s. 97(Sch. item 23.22(b)). (b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the acquittal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force when the acquittal occurs; or
Pt 2A (Heading and ss 31A–31M) inserted by No. 63/2003 s. 10. S. 31A inserted by No. 63/2003 s. 10. 31A Definition In this Part— S. 31A def. of authorised member of the police force substituted as authorised police officer by No. 37/2014 s. 10(Sch. item 25.4). authorised police officer means— (a) a person authorised under section 31B; or (b) a person belonging to a class authorised under section 31B. S. 31B inserted by No. 63/2003 s. 10. 31B Chief Commissioner of Police may authorise police to apply for freezing orders For the purposes of applying for a freezing order under this Part, the Chief Commissioner of Police may authorise in writing the following— S. 31B(a) amended by No. 37/2014 s. 10(Sch. item 25.5). (a) a police officer; or S. 31B(b) amended by No. 37/2014 s. 10(Sch. item 25.5). (b) a class of police officer.
S. 31H(2)(b) amended by No. 68/2010 s. 16(1). (b) the expiration of 3 business days after the day on which the freezing order took effect— whichever occurs first. S. 31I inserted by No. 63/2003 s. 10. 31I Extension of freezing orders (1) A person who applied for a freezing order may apply to the Magistrates' Court for an extension of the duration of that freezing order. (2) On an application under subsection (1), the Magistrates' Court— (a) must have regard to the matters set out in section 31F(2); and (b) must not extend the duration of a freezing order unless the Court is satisfied that— S. 31I(2)(b)(i) amended by No. 68/2010 s. 48(2)(a). (i) an application for a restraining order or a civil forfeiture restraining order in respect of the money in the account has been made; and S. 31I(2)(b)(ii) amended by No. 68/2010 s. 48(2)(b). (ii) the application for the restraining order or the civil forfeiture restraining order has not been determined. (3) If the Magistrates' Court extends the duration of a freezing order, the applicant for the extension must give a written notice to the relevant financial institution stating that— (a) the duration of the freezing order has been extended; and (b) the extended freezing order ceases to be in force— S. 31I(3)(b)(i) amended by No. 68/2010 s. 48(2)(c). (i) when a restraining order or a civil forfeiture restraining order is made in respect of the money in the account to which the freezing order applies; or
S. 31I(3)(b)(ii) amended by No. 68/2010 s. 48(2)(c). (ii) if a restraining order or a civil forfeiture restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution is given notice under subsection (5) that the extended freezing order has ceased to be in force. (4) A written notice under subsection (3) must be given within 6 hours after the Magistrates' Court extends the freezing order. S. 31I(5) amended by No. 68/2010 s. 48(2)(d). (5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order or a civil forfeiture restraining order, a restraining order or a civil forfeiture restraining order, as the case requires, is not made in respect of the money in the account to which the freezing order applies, the applicant for the extension of the freezing order must give a written notice to the relevant financial institution stating that the extended freezing order has ceased to be in force. S. 31I(6) amended by No. 68/2010 s. 48(2)(e). (6) A written notice under subsection (5) must be given as soon as practicable, but not more than 6 hours after the application for the restraining order or the civil forfeiture restraining order, as the case requires, is determined. (7) A freezing order that has been extended under subsection (2) ceases to be in force— S. 31I(7)(a) amended by No. 68/2010 s. 48(2)(f). (a) when a restraining order or a civil forfeiture restraining order is made in respect of the money in the account to which the freezing order applies; or S. 31I(7)(b) amended by No. 68/2010 s. 48(2)(f). (b) if a restraining order or a civil forfeiture restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution
S. 33(5A) inserted by No. 55/2014 s. 14(2). (5A) For the purposes of subsection (5)(b), when having regard to any hardship caused to the person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence. S. 33(6) amended by No. 54/2000 s. 25(2). (6) A court must give priority to an application made under section 84 (restitution order) or Division 2 of Part 4 (compensation order) of the Sentencing Act 1991 in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the Sentencing Act 1991 has been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. S. 34(2) amended by No. 43/1998 s. 36(c). (2) A law enforcement agency or an applicant for a forfeiture order must not enter into an agreement to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or
S. 36GA inserted by No. 55/2014 s. 29. 36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender (1) Property of a person that is the subject of a serious drug offence restraining order is forfeited to the Minister in accordance with this section if— (a) a declaration is made under section 89DI of the Sentencing Act 1991 that the person is a serious drug offender consequent to the conviction of the person of a serious drug offence; and (b) the serious drug offence restraining order is or was made under Part 2 in reliance on— (i) the conviction of the person of that offence; or (ii) the charging or proposed charging of the person with that offence or a related offence that is a serious drug offence; and (c) the restrained property is not the subject of an exclusion order under section 22A; and (d) the restrained property is not protected property. S. 36GA(2) amended by No. 27/2016 s. 13(1)(a). (2) Unless an application for an exclusion order under section 22A in respect of the restrained property is still pending, the restrained property is forfeited to the Minister on the expiry of 60 days after the later of— (a) the making of the restraining order; or S. 36GA(2)(b) substituted by No. 27/2016 s. 13(1)(b). (b) the making of the declaration under section 89DI of the Sentencing Act 1991. S. 36GA(3) amended by No. 27/2016 s. 13(2). (3) If, on the expiry of the 60 days referred to in subsection (2), an application for an exclusion order under section 22A in respect of the
S. 36V(1)(b)(i) substituted by No. 55/2014 s. 9(1)(a). (i) the applicant was not, in any way, involved in the commission of any relevant Schedule 2 offence; and S. 36V(1)(b)(ii) substituted by No. 55/2014 s. 9(1)(a). (ii) where the applicant acquired the interest before the commission, or alleged commission, of the relevant Schedule 2 offences, the applicant did not know that the property— (A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or (B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and S. 36V(1)(b)(iii) amended by No. 55/2014 s. 9(1)(b). (iii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the relevant Schedule 2 offences, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and (iv) the applicant's interest in the property— (A) was not subject to the effective control of another person on the date that the civil forfeiture restraining order was made in relation to the property; or (B) was subject to the effective control of another person on the
subject immediately before the order was made or the automatic forfeiture or unexplained wealth forfeiture occurred (as the case may be) and to— S. 41(2)(c) amended by No. 74/2010 s. 37(Sch. item 1(a)). (c) in the case of land, every interest registered, notified or saved under the Transfer of Land Act 1958 or the Property Law Act 1958. S. 41(2)(d) repealed by No. 74/2010 s. 37(Sch. item 1(b)). * * * * * S. 41(2A) inserted by No. 27/2016 s. 15(1). (2A) Despite subsection (2), property that vests in the Minister under that subsection is not subject to any mortgage, charge or encumbrance created by an interstate restraining order. S. 41(3) amended by Nos 43/1998 s. 36(i), 55/2014 s. 31, 79/2014 s. 17(2). (3) If registrable property is forfeited to the Minister under a forfeiture order or a civil forfeiture order or by automatic forfeiture under section 35 or 36GA or by unexplained wealth forfeiture under section 40ZA— S. 41(3)(a) amended by No. 43/1998 s. 36(i). (a) the property vests in equity in the Minister but does not vest in the Minister at law until the applicable registration requirements have been complied with; and S. 41(3)(b) amended by No. 43/1998 s. 36(i). (b) the Minister is entitled to be registered as owner of the property; and S. 41(3)(c) amended by No. 43/1998 s. 36(h)(i). (c) the Minister or a prescribed person authorised by the Minister for the purposes of this subsection has power to do, or to authorise the doing of, anything necessary or convenient to obtain the registration of the Minister as owner, including but not limited to, the execution of any instrument required
S. 49(3A) inserted by No. 77/2013 s. 12(2). (3A) The court may not grant a person leave under subsection (3) to make an application in respect of property that has been disposed of in accordance with section 44. (4) An applicant must give written notice of the application, and of the grounds on which it is made— (a) to the applicant for the forfeiture order; and S. 49(4)(b) amended by No. 77/2013 s. 12(3)(a). (b) to any other person whom the applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited; and S. 49(4)(c) inserted by No. 77/2013 s. 12(3)(b). (c) to a person prescribed for the purposes of section 44(1). (5) Any person notified under subsection (4) 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 an order under section 50. (6) If— (a) the person referred to in subsection (4)(a) proposes to contest an application for an exclusion order; and (b) the application is not made at the same time as the application for a forfeiture order— that person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested. 50 Determination of exclusion application—forfeiture order (1) On an application made under section 49—
S. 52(1) amended by No. 42/2007 s. 11(1). (1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35— S. 52(1)(a) amended by No. 42/2007 s. 11(2). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m). (i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 52(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(m), 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest before the commission of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and S. 52(1)(a)(iii) amended by Nos 87/2004 s. 22(1)(m), 42/2007 s. 11(2). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 2 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and S. 52(1)(a)(iv) substituted by No. 42/2007 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 23.40). (iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 52(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.40). (v) where the applicant acquired the interest from the accused, directly or
indirectly, that it was acquired for sufficient consideration; or S. 52(1)(b) amended by No. 42/2007 s. 11(2). (b) if the court is satisfied that the property is not tainted property or derived property and that— S. 52(1)(b)(i) substituted by No. 42/2007 s. 11(4), amended by No. 68/2009 s. 97(Sch. item 23.40). (i) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 52(1)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration. (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. S. 53 amended by Nos 43/1998 s. 36(n), 87/2004 s. 18(1)–(4), 79/2006 s. 11, 42/2007 s. 18(Sch. item 16), repealed by No. 68/2010 s. 51, new s. 53 inserted by No. 55/2014 s. 35. 53 Application for exclusion from automatic forfeiture of property of serious drug offender (1) If property is forfeited to the Minister under section 36GA, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant serious drug offence restraining order for an order under section 54. (2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. (3) Subject to subsection (6), the court that made the relevant serious drug offence restraining order may grant a person leave to apply after the end of
the property, or any part of the property, while the embargo notice is in force is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both. S. 93(4) amended by No. 68/2009 s. 97(Sch. item 23.59). (4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused moved the property or the part of the property for the purpose of protecting and preserving it. S. 93(5) amended by No. 43/1998 s. 26(2). (5) Despite anything in any other Act, a sale, lease, transfer or other dealing with property in contravention of this section is void. S. 93(6) amended by No. 68/2010 s. 57. (6) If an application for a restraining order or a civil forfeiture restraining order in respect of tainted property to which an embargo notice relates is not made within 21 days after the issue of an embargo notice, the embargo notice ceases to be in force at the end of that period but, if such an application is made, it continues in operation until that application is determined. 94 Search of persons under search warrant S. 94(1) amended by No. 37/2014 s. 10(Sch. item 25.14). (1) A police officer executing a search warrant may, if the search warrant authorises him or her to do so, search any person found in or on the premises whom the police officer suspects on reasonable grounds of having on his or her person property of the kind described in the warrant. (2) A person must not be searched under this section except by a person of the same sex. S. 95 amended by No. 63/2003 s. 24(7). 95 Obstruction or hindrance of person executing search warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search warrant or a seizure warrant.
S. 118A def. of authorised member of the police force substituted as authorised police officer by No. 37/2014 s. 10(Sch. item 25.21). authorised police officer means a police officer authorised under section 118B. S. 118B inserted by No. 63/2003 s. 29, amended by No. 37/2014 s. 10(Sch. item 25.22). 118B Chief Commissioner of Police may authorise police to issue information notices The Chief Commissioner of Police may authorise in writing a police officer of the rank of inspector or above to issue information notices. S. 118C inserted by No. 63/2003 s. 29. 118C Who can issue information notices? An information notice may be issued in accordance with this Division by— S. 118C(a) amended by No. 37/2014 s. 10(Sch. item 25.22). (a) an authorised police officer; or (b) a prescribed person. S. 118D (Heading) amended by No. 37/2014 s. 10(Sch. item 25.23). S. 118D inserted by No. 63/2003 s. 29. 118D Issuing information notices—authorised police officer S. 118D(1) amended by Nos 104/2003 s. 5(7), 37/2014 s. 10(Sch. item 25.24). (1) An authorised police officer may issue an information notice to a financial institution for the purposes of any proceedings under this Act.
S. 118G (1)(b)(ii) substituted by No. 27/2016 s. 21(d). (ii) if still held with the financial institution, the balance of that account. S. 118G (1A) inserted by No. 68/2010 s. 26(3). (1A) An information notice issued under section 118E(3) may require the information referred to in subsection (1) only in respect of an account that relates to the mortgage or other security interest secured by the property specified in the information notice. (2) An information notice may only require a financial institution to give information to the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee. S. 118H inserted by No. 63/2003 s. 29. 118H What must the information notice contain? (1) An information notice must be in the prescribed form. (2) An information notice must specify— (a) the name of the person who has issued the information notice; and (b) the section of this Act under which that person is authorised to issue information notices; and S. 118H (2)(ba) inserted by No. 68/2010 s. 27. (ba) if the information notice is issued under section 118E(3), details of the property believed to be subject to a mortgage or other security interest in favour of the financial institution; and (c) the name of the financial institution; and S. 118H(2)(d) amended by No. 27/2016 s. 22. (d) the name or names in which the account is believed to be or to have been held or the account number of the account believed to be or to have been held with the financial institution (as the case requires); and
S. 118M (Heading) substituted by No. 104/2003 s. 5(8)(a). S. 118M inserted by No. 63/2003 s. 29, amended by No. 104/2003 s. 5(8)(b). 118M Giving of information notice to be disregarded for certain purposes If a financial institution is given, or has been given, an information notice, the fact that the information notice has been issued must be disregarded for the purposes of the application of section 194 or 195A of the Crimes Act 1958 in relation to the institution. Division 4—Reports of suspect transactions 119 Reports of suspect transactions S. 119(1) amended by No. 68/2010 s. 28(1). (1) A cash dealer who is a party to a transaction and who has reasonable grounds for suspecting that information that the cash dealer has concerning the transaction— (a) may be relevant to an investigation, or prosecution, of a person for an offence against a law of Victoria; or (b) may be of assistance in the enforcement of this Act or the regulations made under this Act— must, as soon as practicable, prepare a report of the transaction and communicate the information contained in it to the AUSTRAC CEO. S. 119(2) amended by No. 68/2010 s. 28(2). (2) Subsection (1) applies only where the cash dealer is not required to report the transaction under Division 2 of Part II of the Financial Transaction Reports Act 1988 of the Commonwealth or under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth. (3) The report must— S. 119(3)(a) amended by No. 68/2010 s. 28(1). (a) be in the form approved by the AUSTRAC CEO in writing for the purposes of
S. 120A (Heading) substituted by No. 27/2016 s. 23. S. 120A inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(1) (ILA s. 39B(1)). 120A Document request relating to maintenance and management of property (1) If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that property to produce those documents to the Secretary. S. 120A(2) inserted by Nos 68/2010 s. 29(1), 79/2014 s. 36. (2) A prescribed person may request any person whom the prescribed person believes has possession or control of documents that relate to the maintenance and management of property in respect of which a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made or that has been forfeited under this Act to produce those documents to the prescribed person. S. 120A(3) inserted by No. 68/2010 s. 29(1). (3) A request under subsection (1) or (2) may be made only if the person making the request reasonably believes that production of the documents is necessary for the purpose of maintaining and managing the property. S. 120AB inserted by No. 27/2016 s. 24. 120AB Document request relating to enforcement of pecuniary penalty order (1) A prescribed person may request any person whom the prescribed person believes has possession or control of documents required for the enforcement of a pecuniary penalty order to produce those documents to the prescribed person.
S. 131(3) amended by Nos 87/2004 s. 22(2)(s), 55/2014 s. 43. (3) If property to which this subsection applies has been seized in another State or a Territory under a search warrant issued under a corresponding law in reliance on the commission of a Schedule 1 offence, a Schedule 2 offence or a serious drug offence, the person from whose possession the property was seized may apply to the Magistrates' Court for an order— (a) directing that the property be returned to that person; or (b) directing that the person be allowed access to the property— and the Court may make such an order on such terms and conditions (if any) as it thinks fit. (4) The applicant for an order under subsection (3) must give to the DPP or an appropriate officer written notice of the application and of the date, time and place fixed for the hearing of it. (5) Subsections (2) and (3) apply to all property seized under a search warrant other than property that— (a) was used in, or in connection with, the commission of an interstate offence; or (b) was derived or realised, directly or indirectly, by any person, in relation to an interstate offence. 132 Standard of proof Any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.
(2) Despite the commencement of Part 3 of the Confiscation Amendment Act 2010, this Act, as in force immediately before that commencement, continues to apply in respect of any old civil forfeiture matter as if Part 3 of the Confiscation Amendment Act 2010 had not been enacted. (3) Part 4 as substituted by section 49 of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 49 of that Act irrespective of whether the property to which the proceeding relates is or was reasonably suspected of being tainted property in relation to a Schedule 2 offence before, on or after that commencement. S. 182 inserted by No. 68/2010 s. 69. 182 Confiscation Amendment Act 2010—tainted property and derived property (1) The definition of derived property as substituted by section 35(4) of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 35(4) of that Act irrespective of whether the Schedule 2 offence to which the property relates was committed before, on or after that commencement. (2) If a proceeding for civil forfeiture has commenced before commencement of section 35(4) of the Confiscation Amendment Act 2010, the definition of derived property, as in force immediately before the commencement of section 35(4) of that Act, continues to apply as if that definition had not been substituted by that section. (3) The definition of tainted property as substituted by section 35(5) of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the
Sch. 2 cl. 2 substituted by No. 63/2003 s. 38. 2. An offence against any of the following provisions of the Crimes Act 1958: (a) section 27 (extortion with threat to kill) 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; (b) section 28 (extortion with threat to destroy property) 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; Sch. 2 cl. 2(ba) inserted by No. 73/2011 s. 17, substituted by No. 47/2016 s. 35(5). (ba) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services) where— (i) only one offence is charged and the value of the commercial sexual services provided 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 value of the commercial sexual services provided is $75 000 or more; Sch. 2 cl. 2(bab) inserted by No. 47/2016 s. 35(5). (bab) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude) where—
Sch. 2 cl. 2(bc) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(7). (bc) section 53F(1) (deceptive recruiting for commercial sexual services) where— (i) only one offence is charged and the value of the commercial sexual services to which the deception relates 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 value of the commercial sexual services to which the deceptions relate is $75 000 or more; Sch. 2 cl. 2(bd) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(8). (bd) section 53G(1) (aggravated deceptive recruiting for commercial sexual services) where— (i) only one offence is charged and the value of the commercial sexual services to which the deception relates 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 value of the commercial sexual services to which the deceptions relate is $75 000 or more; (c) section 74 (theft) 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; (d) section 75 (robbery) where—
Sch. 2 cl. 2A(d) amended by No. 63/2010 s. 81(Sch. item 2.2(b)). (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; Sch. 2 cl. 2A(e) amended by No. 63/2010 s. 81(Sch. item 2.2(b)). (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. Sch. 2 cl. 2B inserted by No. 63/2003 s. 38. 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