Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 126

    (1)     On application under section 125, the court may, by order, declare that a person may buy an interest in forfeited property from the Territory if it is satisfied that—

        (a)     the interest is still vested in the Territory; and

        (b)     it would not be contrary to the public interest (including for the purposes of this Act) to do so; and

        (c)     if the order applied for is in relation to an interest other than the interest formerly held by the person—no-one else who held an interest in the forfeited property immediately before forfeiture objects to the making of the order.

Note     The applicant must give notice of the application to anyone else the applicant knows to have had an interest in the property immediately before forfeiture (see s 244).

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

        (a)     the extent, nature and value of the interest in the forfeited property that is to be bought from the Territory; and

        (b)     that the interest may be bought from the Territory for the value declared under paragraph (a) within 1 month after the day the order is made.