Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 123

    (1)     On application under section 122, if satisfied that a qualifying event mentioned in section 122 (2) has happened in relation to a forfeited interest, the court may order—

        (a)     that the forfeited interest be returned to the person who held the interest immediately before its forfeiture; or

        (b)     that the Territory pay the person the value of the interest.

    (2)     In making the order, the court must—

        (a)     declare the extent, nature and value of the person's interest in the forfeited property; and

        (b)     order that—

              (i)     if the interest is still vested in the Territory—the Territory transfer the interest to the person; or

              (ii)     in any other case—the public trustee and guardian pay the person the value declared under paragraph (a).

Note     For general provisions about a proceeding for a buyback order (which is a confiscation proceeding—see s 236), see pt 14.