Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 3 - Recovery of forfeited property  

SECTION 102   102   Court may make orders relating to transfer of forfeited property etc.  


If property is forfeited to the Commonwealth under section 92 , the court that made the * restraining order referred to in paragraph 92(1)(b) must, if:


(a) a person who claims an * interest in the property applies under section 104 for an order under this section; and


(b) the court is satisfied that:


(i) the applicant had an interest in the property before the forfeiture of the property; and

(ii) the applicant's interest in the property is neither *proceeds of unlawful activity nor an *instrument of unlawful activity; and

(iii) the applicant's interest in the property was lawfully acquired;

make an order:


(c) declaring the nature, extent and value of the applicant ' s interest in the property; and


(d) either:


(i) if the interest is still vested in the Commonwealth - directing the Commonwealth to transfer the interest to the applicant; or

(ii) directing the Commonwealth to pay to the applicant an amount equal to the value declared under paragraph (c).

102(2)  
(Repealed by No 4 of 2010)

102(3)  
(Repealed by No 4 of 2010)




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