The introduction of s 3A (objects clause) into the Confiscation Act 1997 (Vic) in 2010 did not narrow the range of factors relevant to the exercise of the discretion under s 33(5), did not create a presumption in favour of forfeiture, and did not displace the principles in R v Winand (1994) 73 A Crim R 497. Proportionality remains a critical factor in discretionary forfeiture applications. Delay by the Director in bringing forfeiture applications may be a relevant consideration.
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