Victorian Numbered Acts

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CRIMINAL ORGANISATIONS CONTROL AND OTHER ACTS AMENDMENT ACT 2014 (NO. 55 OF 2014) - SECT 19

New section 15A inserted

After section 15 of the Confiscation Act 1997 insert

        " 15A     Property may be subject to both restraining order and civil forfeiture restraining order

    (1)     Property or an interest in property may be subject to both a restraining order under this Part and a civil forfeiture restraining order.

    (2)     If both a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order 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—

        (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 same property or interest in property to which the restraining order applies; or

        (b)     the restraining order ceasing to operate or being set aside in whole or in part under section 27; or

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



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