Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 31

31. (1) Where property is forfeited to the Commonwealth under section 30, a
person who claims an interest in the property may, subject to subsections (2)
and (4), apply to the court that made the relevant restraining order for an
order under subsection (6) or (7).

(2) The application shall, subject to subsection (3), be made before the end
of the period of 6 months commencing on the day on which the property is
forfeited to the Commonwealth.

(3) The court may grant a person leave to apply after the end of the period
referred to in subsection (2) if the court is satisfied that the delay in
making the application is not due to neglect on the part of the applicant.

(4) An application for an order under subsection (6) or (7) in relation to an
interest in property shall not be made by a person who was given notice of:

   (a)  proceedings on the application for the relevant restraining order; or

   (b)  the making of the relevant restraining order; except with the leave of
        the court.

(5) The court may grant a person leave to make an application if the court is
satisfied that the person's failure to seek to have the property excluded from
the relevant restraining order was not due to any neglect on the part of the
applicant.

(6) Where a person applies for an order under this subsection in respect of an
interest in property, the court may:

   (a)  if satisfied that:

        (i)    the applicant was not, in any way, involved in the commission
               of the relevant serious offence; and

        (ii)   if the applicant acquired the interest at the time of or after
               the commission of the offence-the applicant acquired the
               interest:

                (A)  for sufficient consideration; and

                (B)  without knowing, and in circumstances such as not to
                     arouse a reasonable suspicion, that the property was
                     tainted property; or

   (b)  if satisfied that:

        (i)    the property is not tainted property in relation to the
               relevant serious offence; and

        (ii)   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)    directing the Commonwealth to transfer the interest to the
               applicant; or

        (ii)   declaring that there is payable by the Commonwealth to the
               applicant an amount equal to the value declared under paragraph
               (c).

(7) Where a person applies for an order under this subsection in respect of an
interest in property, the court may, if satisfied that:

   (a)  it would not be contrary to the public interest for the interest to be
        transferred to the person; and

   (b)  there is no other reason why the interest should not be transferred to
        the person; by order:

   (c)  declare the nature, extent and value (as at the time when the order is
        made) of the interest; and

   (d)  declare that section 30 shall cease to operate in relation to the
        interest if payment is made in accordance with section 33.

(8) In this section:

"relevant restraining order", in relation to property forfeited to the
Commonwealth under section 30, means the restraining order by virtue of which
the property is forfeited.