Property that is merely the location of an offence — where no feature or attribute of the property was turned to advantage by the offender or enlisted to the offender's purpose — does not constitute 'tainted property' under s 3(1) of the Confiscation Act 1997 (Vic). The word 'used' requires that the property be employed for a particular end or purpose connected with the offending, not merely that the offence occurred there. A forfeiture order made by consent may be challenged on appeal where the court lacked jurisdiction to make the order.
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