The condition-specifying power under s 143(1) of the Confiscation Act 1997 (Vic) extends to permitting the court to specify the measure of legal assistance to be provided by Victoria Legal Aid, against the touchstone of ensuring a fair hearing, including in exceptional cases specifying the number, remuneration and identity of legal representatives. There is no equivalent restriction in s 143(1) to the prohibition in s 197(5)(d) of the Criminal Procedure Act 2009 on conditions relating to the identity, number or remuneration of persons representing the accused. The question whether a failure to give notice under s 19 of the Act might invalidate a restraining order under Project Blue Sky principles was left open.
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