A person whose property is the subject of an application for a restraining order under the Confiscation Act 1997 (Vic) has a right to be heard before the order is made, derived from the principles of natural justice. The Director has no right to an ex parte hearing; s 16(2) merely authorises the application to be made without notice. The discretion under s 17(1) must be exercised starting from the position that notice should be given, and the availability of a subsequent exclusion order application under s 20 does not displace the anterior right to be heard. The Director's counsel has an ethical obligation to draw the court's attention to s 17(1) and the affected person's entitlement to be heard on every such application.
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