Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 106

  (1)   If:

  (a)   property is forfeited to the Commonwealth under section   92; and

  (b)   an interest in the property is required to be transferred to a person (the relevant person ) under section   105, or under a direction under subparagraph   102(d)(i); and

  (c)   the relevant person's interest in the property, immediately before the forfeiture took place, was not the only interest in the property; and

  (d)   the relevant person gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that:

  (i)   the relevant person intends to purchase that other interest from the Commonwealth; and

  (ii)   the person served with the notice may, within 21 days after receiving the notice, lodge a written objection to the purchase of that other interest with the Minister and the * Official Trustee; and

  (e)   no person served with the notice under paragraph   (d) in relation to that other interest lodges a written objection to the purchase of that other interest with the Minister and the Official Trustee within the period referred to in that paragraph; and

  (f)   the relevant person pays to the Commonwealth, while that other interest is still vested in the Commonwealth, an amount equal to the value of that other interest;

the Official Trustee must arrange for that other interest to be transferred to the relevant person.

  (2)   If a person served with notice under paragraph   (1)(d) in relation to the other interest mentioned in that paragraph lodges a written objection to the purchase of that other interest with the Minister and the * Official Trustee within the period referred to in that paragraph:

  (a)   the Minister; or

  (b)   a * senior Departmental officer authorised by the Minister for the purposes of this subsection;

may direct the Official Trustee to transfer that other interest to the person.