Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 102

    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).