The paragraphs of s 16(2) of the Confiscation Act 1997 (Vic) are permissive and not mutually exclusive: the DPP may apply for a restraining order under s 16(2)(a) based on reasonable suspicion even where circumstances also satisfy s 16(2)(c) or (d). There is no bar to successive applications for restraining orders over the same property, and the acquittal of a property owner does not prevent a fresh application based on the use of the property by convicted co-accused. Where the statutory language is clear and unambiguous, the presumption of strict construction of confiscatory legislation and the presumption against interference with property rights have no application.
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