Victorian Confiscation Act

What is the Confiscation Act and how can it affect me?

The objectives of the Confiscation Act 1997 (The Act) are based on the premise that a person should not be allowed to benefit from committing crimes.

The Act provides a framework to take away the benefit, gain or profit made through the commission of offences. This is done through the court being able to make Confiscation Act Orders.

These orders can arise if you are about to be charged, are charged, found guilty, or plead guilty to certain serious criminal offences.

The most common charges which attract Confiscation Act Orders are:

• serious drug offences
• sexual offences where there is a potential need to compensate victims
• theft/dishonesty offences where there has been an enrichment.

There are however a broad range of other offences which can trigger an Application by the prosecution under the Act.

Depending on the circumstances of your case, this means that law enforcement have the power to limit your use and access to your assets.

There are strict rules that apply when dealing with Confiscation Act Orders.

Failure to comply with requirements can result in severe consequences including the loss of significant assets.

This brochure is intended to highlight some of the most common orders which can be made, but it can be a rather complex area so it’s important to obtain expert advice as early as possible.