Proceeds of Crime Act 2002



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).

(Repealed by No 4 of 2010)

(Repealed by No 4 of 2010)


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.