Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 7 - Miscellaneous  

SECTION 89   Person with interest in forfeited property may buy back the interest  

89(1)  
If a court:

(a)  makes a * forfeiture order against property; and

(b)  makes an order under section 57 in respect of an * interest in the property;

then:

(c)  the payment to the Commonwealth, while the interest is still vested in the Commonwealth, of the amount specified in the order under section 57 as the value of the interest discharges the forfeiture order to the extent to which it relates to the interest; and

(d)  

the *Official Trustee:

(i) 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

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

89(2)  
Without limiting subparagraph (1)(d)(ii), things that may be done or authorised under that subparagraph include:

(a)  executing any instrument; and

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




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