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 105   Person with interest in forfeited property may buy back the interest  

105(1)  


If:

(a)  property is forfeited to the Commonwealth under section 92 ; and

(b)  a court makes an order under section 103 in respect of an * interest in the property; and

(c)  the amount specified in the order as the value of the interest is paid to the Commonwealth, while the interest is still vested in the Commonwealth;

section 92 ceases to apply in relation to the interest, and the *Official Trustee:

(d)  must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Commonwealth; and

(e)  may, on behalf of the Commonwealth, do or authorise the doing of anything necessary or convenient to effect the transfer.

105(2)  
Without limiting paragraph (1)(e), things that may be done or authorised under that paragraph include:

(a)  executing any instrument; and

(b)  applying for registration of an * interest in the property on any appropriate register.




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