Section 18(1) of the Confiscation Act 1997 (Vic) imposes an obligation, not a discretion, to make a restraining order if the defined statutory conditions are satisfied. The expression 'reasonable grounds' in s 18(1)(c) relates only to satisfactory proof of the defined conditions and does not import a general discretion based on justice or convenience. The disclosure obligation under s 16(4) requiring 'any relevant matters' is confined to matters bearing upon the facts, suspicions and beliefs described in s 16(2), and does not extend to mitigating or aggravating circumstances pertinent to the offence. The absence of commerciality in a cultivation offence is not a material matter requiring disclosure on an ex parte application for a restraining order where the cultivation charge is itself a Schedule 2 offence.
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