Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 7 - Miscellaneous  

SECTION 88   Returning property etc. following the discharge of a forfeiture order  

88(1)  


The *Official Trustee must arrange for:

(a)  if property specified in a * forfeiture order is vested in the Commonwealth - an * interest in the property to be transferred to a person claiming to have had the interest in the property immediately before the order was made; or

(b)  if property specified in a forfeiture order is no longer vested in the Commonwealth - an amount equal to the value of the interest in the property to be paid to the person;

if:

(c)  the forfeiture order has been discharged in relation to the property:


(i) by a court hearing an appeal against the making of the order; or

(ii) under section 81 or 85 ; and

(d)  

the person applies to the Official Trustee, in writing, for the transfer of the interest to the person; and

(e)  the person had that interest in the property immediately before the order was made.

88(2)  


If the *Official Trustee must arrange for the property to be transferred, the Official Trustee may also, on behalf of the Commonwealth, do or authorise the doing of anything necessary or convenient to give effect to the transfer.

88(3)  
Without limiting subsection (2), things that may be done or authorised under that subsection include:

(a)  executing any instrument; and

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




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