Victorian Numbered Acts Victorian Numbered Acts(1) After section 16(2) of the Confiscation Act 1997 insert —
"(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.".
(2) In section 16(3) of the Confiscation Act 1997 , after "subsection (2)" insert "or (2A)".
(3) In section 16(4) of the Confiscation Act 1997 —
(a) for "subsection (1) or (2)(b), (c) or (d)" substitute "subsection (1), (2) or (2A)";
(b) for paragraph (d) substitute —
"(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".
(4) In section 16(6) of the Confiscation Act 1997 , for "subsection (1) or (2)" substitute "subsection (1), (2) or (2A)".
(5) In section 16(7) of the Confiscation Act 1997 , after "subsection (2)" insert "or (2A)".
(6) In section 16(8) of the Confiscation Act 1997 , after "subsection (1)" insert "or (2A)".
(7) After section 16(8) of the Confiscation Act 1997 insert —
"(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.".