Victorian Current Acts Victorian Current ActsS. 33(1) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.22).
(1) In any proceedings under any of the provisions of sections 26 to 32 (both inclusive) in which any person is required—
(a) to give a satisfactory account as to how he came by any property;
(b) to satisfy the court that he lawfully came by any property; or
(c) to satisfy the court that any property was on his premises without his knowledge or assent—
if on the hearing of the charge—
S. 33(1)(c)(i) amended by No. 68/2009 s. 97(Sch. item 115.6).
(i) the accused declares that he received the property from any other person; or
(ii) it appears
to the court that the property has passed through the hands or possession of
any other person or has been in the possession of any other
person or on his
premises with his knowledge or assent—
the court may in its discretion by warrant or summons cause every such other person to be brought before it to give an account of the property.
S. 33(2) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.23), 6/2018 s. 68(Sch. 2 item 119.1).
(2) If it appears by the admission of any person so brought before the Magistrates' Court or by proof on oath or by affirmation—
(a) that such last-mentioned person had possession of the property; or
(b) that the property was on his premises—
and if such person—
(i) does not give a satisfactory account as to how he came by the property; or
(ii) does not satisfy the court that he lawfully came by the property or that the property was on his premises without his knowledge or assent—
he shall be liable to the punishment specified in the sections respectively under which the proceedings are taken.
S. 33(3) substituted by No. 101/1986 s. 59(1) , amended by No. 57/1989 s. 3(Sch. item 190.24).
(3) If a person has been convicted of an offence under any of the provisions of sections 26 to 32 in relation to any property, the informant, the Director of Public Prosecutions or any person who claims an interest in the property may, at the time the conviction is made or at any later time, apply to the Magistrates' Court for an order in relation to the property.
S. 33(4) amended by No. 9902 s. 2(1)(Sch. item 234), substituted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.25).
(4) The Magistrates' Court may, on an application under subsection (3), make such orders in relation to the property to which the application relates as it considers just.
S. 33(5) inserted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.26).
(5) Examples of the kind of order that the Magistrates' Court may make under subsection (4) are:
(a) If the property is not money, an order that the property be sold;
(b) An order that the property, if money or converted into money, be paid into the Consolidated Fund;
(c) An order declaring the nature, extent and value (as at the time of making the order) of the interest of a person specified in the order in the property and directing that the whole or any part of the property (including money into which the property has been converted) be transferred to that person;
(d) An order directing that a person specified in the order retain the whole or any part of the property (including money into which the property has been converted) for a period specified in the order.
S. 33(6) inserted by No. 101/1986 s. 59(1).
(6) The applicant for an order under subsection (4) must give notice of the application in the manner prescribed by rules of court to each other person whom the applicant has reason to believe could have applied for the order.
S. 33(7) inserted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.27).
(7) The Magistrates' Court may, at any time before the final determination of an application under subsection (3), direct the applicant to give or publish notice of the application to such persons, in such manner and within such time as the Court thinks fit.
S. 33(8) inserted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.28).
(8) The Magistrates' Court has power to give all directions that are necessary to give effect to an order made by it under subsection (4).
No. 6337 s. 50.