Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 33

Person with interest in forfeited property may buy back the interest

  (1)   Where a court:

  (a)   makes a forfeiture order against property; and

  (b)   makes an order under subsection   19(5) in respect of an interest in the property;

the payment to the Commonwealth, while the interest is still vested in the Commonwealth, of the amount specified in the order under subsection   19(5) as the value of the interest discharges the forfeiture order to the extent to which it relates to the interest.

  (2)   Where:

  (a)   property is forfeited to the Commonwealth under section   30;

  (b)   a court makes an order under subsection   31(7) in respect of an interest in the property; and

  (c)   there is paid to the Commonwealth, while the interest is still vested in the Commonwealth, the amount specified in the order under subsection   31(7) as the value of the interest;

section   30 ceases to apply in relation to the interest.

  (3)   Where subsection   ( 1) or (2) applies to an interest in property, the Minister shall arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Commonwealth.

  (4)   Where the Minister is required by this section to arrange for an interest in property to be transferred to a person, the Minister has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to effect the transfer, including, without limiting the generality of this, the execution of any instrument and the making of an application for registration of an interest in the property on any appropriate register.



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