Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-16

312. Execution of order for forfeiture or destruction of property

312. Execution of order for forfeiture or destruction of property

(1) If a court orders the forfeiture or destruction of any property in relation to an offence, the property must not be forfeited or destroyed during the appeal period unless earlier forfeiture or destruction is permitted by any other law.

(2) This section does not apply to orders made under the Confiscation Act 1997.

(3) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1).

It is important to note that this provision doesn not apply to orders under the Confiscation Act, which are dealt with according to its own provisions. What then of applications under the Control of Weapons Act, the Drugs, Poisons and Controlled Substances Act, etc?

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