Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 32

32. (1) Where:

   (a)  property is forfeited to the Commonwealth under section 30 in respect
        of a person's conviction of a serious offence; and

   (b)  the conviction is subsequently quashed; the DPP shall:

   (c)  as soon as practicable after the quashing of the conviction, give
        notice of the quashing of the conviction to any person the DPP has
        reason to believe may have had an interest in the property immediately
        before the property was forfeited; and

   (d)  if required to do so by a court-give or publish notice of the quashing
        of the conviction to a specified person or class of persons in the
        manner and within the time that the court considers appropriate.

(2) A notice under subsection (1) shall include a statement to the effect that
a person claiming an interest in the property may apply under subsection (3)
for the transfer of the interest to the person.

(3) Where subsection (1) applies to property, any person who claims to have
had an interest in the property immediately before it was forfeited may apply
to the Minister, in writing, for the transfer of the interest to the person
and, on receipt of an application from a person who had an interest in the
property immediately before it was forfeited:

   (a)  if the interest is still vested in the Commonwealth-the Minister shall
        arrange for the interest to be transferred to the person; or

   (b)  in any other case-there is payable to the person an amount equal to
        the value of the interest.

(4) Where the Minister is required by this section to arrange for 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.